Legal Research > Sentencing Tables

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Wound - s35 - Prior to 27.9.2007 amendment 

s.35(a) Crimes Act 1900 (NSW): malicious wounding
s.35(b) Crimes Act 1900 (NSW): maliciously inflict GBH
Maximum penalty - 7 years

Note: On 27.9.2007 this section was amended to read reckless wounding and reckless GBH. The maximum penalty for reckless GBH was increased to 10 years.
New tables have been commenced for offences dealt with under the newly recast section (ie offences committed subsequent to the amendments)

NameOffencePleaSentenceAppealWeaponRecordSummary

Frogley
NSW CCA
8.2.1994

s.35(a)

VG

MT 23m
AT 8m

AD

knife

Unprovoked attack on nursing sister alone in hospital in early morning. Wound to chest.

Fragoso
(44)
NSW CCA
24.2.1994

s.35(a)

PG

500h CSO

AA
3y GBB

knife

nil

Attacked complainant after savagely bashed by C and friend. C suffered large laceration to lung and liver. Severe provocation.
Suffered psychological trauma as result of assault.

Fergus
(22)
NSW CCA
31.5.1994

s.35(a)

PG

500h CSO
(+ 2m PSC)

Crown AA
12 PD
(should have been full time custody)

Knife

nil

De facto declined marriage proposal. Purchased three knives and placed in car. Picked up de facto from station and asked for a hug. During embrace stabbed complainant. Also tried to strangle her. Left her by roadside.
Remorseful. Attempted suicide. Good rehabilitation.
By time of appeal CSO completed.

Steeden
(23)
NSW CCA
19.8.1994

s.35(a)

VG

MT 3y
AT 1y

AD

knife

significant including violence and dishonesty

Intoxicated - disturbed group fishing. Stabbed complainant in back.

Moufferige
NSW CCA
5.9.1994

s.35(b)

VG

MT 1y 10m
AT 5 1/2m
(50% discount for assistance)

AD

iron bar

lengthy but no violence

Argument with female complainant in car park. Struck C over head, causing immediate epileptic fit and cognitive impairment. On methadone which made him snap. Married with three children. Personality problem.

Coleman
(26)
NSW CCA
20.2.1995

s.35(b)

PG

2y PD

Crown AA
MT 6m
AT 1y

assault

minor

Kicked friend in head as he intervened in violent argument between A and girlfriend. Severe permanent brain damage.
Intoxicated. Good rehabilitation.

O'Kane
(26)
NSW CCA
9.3.1995

7 x s.35(b)

PG

MT 1y
AT 3y

Crown AA
MT 2y
AT 4y

assault

not significant

Injuries inflicted on 4-5m old child over some weeks. Six fractures and injury to eye causing blindness.
History of depression and drug abuse. Never recovered from death of 4m daughter.

Leslie
(20)
NSW CCA
10.3.1995

s.35(b)

Sched:
PCA
Unlic driver

VG

MT 6m
AT 1y

Crown AA
MT 1y
AT 1y

car

extensive including traffic and assault

While drunk drove car into group of people at party. Serious injuries.
Alcohol problem. Post traumatic stress disorder. Brother handicapped, mother's health poor.

Clark
(21)
NSW CCA
27.3.1995

s.35(b)

PG

MT 6m
AT 1y 6m

Crown AA
MT 1y
AT 1y 6m

assault

nil

Shook 2y old baby of de facto. Very serious, probably permanent injuries.
Medical condition. Much of sentence on protection.

Stanley
NSW CCA
7.4.1995

s.35(b)

VG

MT 9m
AT 3m

AD

assault

violence
on bond and CSO

Elbowed Complainant in face as he was running to try line in rugby league game. Fractured jaw.

Mangion
NSW CCA
25.5.1995

s.35(b)

PG

MT 18m
AT 2y 6m

Crown AA
MT 3y
AT 2y

gun

During family dispute fired gun at son. Paraplegic. Forced another son to take the blame (sentenced to bond). On previous occasions had threatened family with gun. Ten year delay before truth came out.

Ali
NSW CCA
27.6.1995

s.35(b)

VG

MT 2y
AT 8m

AD

assault

long record, two offences for violence.

Staying with female Complainant for several weeks. After drinking with C and friend C and friend in intimate position. Physically assaulted C. Next day returned and forced V and young son into car. C escaped at petrol station.

Kalache
(25)
NSW CCA
30.6.1995

s.35(b)

VG

MT 4y
AT 16m

AD

fire

nil

Went to 17y Complainant's house with two brothers. Believed C had informed to police on another brother. C held down, doused in petrol and set alight. Extensive burns and need for life long treatment. Later tried to bribe C to withdraw evidence.
Lack of contrition.

Sinika
(68)
NSW CCA
25.9.1995

s.35(a)

PG

MT 18m
AT 12m

AD

knife

one minor offence

Roused neighbour at 2am one morning, stabbing him in abdomen - Retaliation for throwing of bottle of beer into A's driveway during children's party.
Not in good health.

Pitcher
NSW CCA
19.2.1996

s.35(b)

PG

250h CSO

Crown AA
12m PD

assault

Punched 3y son in stomach forcing him against wall and causing injury to bowel and spine. Life-threatening injuries.
Good subjectives.

Hatch
NSW CCA
21.2.1996

s.35(b)

PG

250h CSO

Crown AA
MT 6m
AT 12m

steel rod

nil

Poked steel rod through window of car causing injury to eye of daughter's boyfriend. Eye had to be removed. Provocation. C involved in criminal activity.
Good character.

Kurtic
(1996) 85 A Crim R 57

s.35(b)

VG

5y GBB

Conviction AD

tomahawk

Attacked neighbour with tomahawk. A had been annoying complainant over period of months. Fractured skull. Self defence rejected.
Suffering from mental illness.

Pedersen
NSW CCA
5.3.1996

s.35(a)

PG

3y PD

Crown AD

knife

Driving altercation resulted in stabbing. Provocation. Genuine apprehension for safety because of earlier similar incident.
Strong subjective factors.

Rose
(19)
NSW CCA
5.3.1996

s.35(b)

PG

12m PD

Crown AA
3y PD

assault

nil

Three men attacked male stranger. Injuries could have been fatal. Unprovoked attack. Returned to check condition of Complainant.
Contrition, excellent prospects of rehabilitation. Not the main instigator.

Hussein
(20)
NSW CCA
25.3.1996

s.35(b)

PG

3y GBB

Crown AD
Inadequate but Court exercised discretion.

assault

nil

Kicked mother's de facto husband in face. Trained in martial arts and boxing. Fractured skull.
Upset over breakdown of parent's marriage. Excellent subjectives.

Grimmett
NSW CCA
1.4.1996

s.35(b)

VG

MT 18m
AT 2y 6m

Conviction AD

assault

violence

Assaulted 19m child of de facto causing permanent brain damage and damage to ear.

Hubber
NSW CCA
29.5.1996

s.35(b)

PG

MT 2y
AT 8m

AD
high but in range

assault

minor

Found Complainant A's car. During argument punched, stomped and kicked C in the face many times. Intoxicated. Out of character.

Aala
NSW CCA
30.5.1996

s.35(b)

VG -
at trial attpt murder

MT 13m
AT 21m
(+8m PSC)

Crown AD

knife

Domestic dispute with wife. Multiple stab wounds. Not pre-meditated. In state of turmoil.

Aroutsidis
NSW CCA
27.8.1996

s.35(a)

VG

MT 2y 6m
AT 10m

AD

assault

motor offences

With co-offender assaulted Complainant when he answered door to home. Smashed implement in C's face, then attacked him with coffee table. Used smashed pieces of coffee table to continue assault.

K Williams
(17)

P Williams
(44)
NSW CCA
27.8.1996

s.35(b)

VG


VG

MT 8m
AT 8m

MT 10m
AT 6m

AD

assault.

AVO


Minor, two assaults

Father and Son assaulted neighbour late one night in front yard - C did not approve of relationship between daughter and KW - Breached AVO - Assault initiated by KW - fractured cheek.

Sandeman



Hilditch
NSW CCA
4.9.1996

s.35(b)

VG

MT 2y 3m
AT 9m


MT 2y 3m
AT 9m

AA
MT 1y 9m
AT 7m

AD

assault and water pipe

Fight in backyard after drinking with Complainant - C kicked, beaten with water pipe and head forced into brick wall. Fractured skull and cheek.
Both had chronic alcohol problems.

Drysdale
NSW CCA
24.10.1996

s.35(a)

VG

MT 15m
AT 15m

AD

knife

disregarded

Altercation between two boys broken up by Complainant. Blows exchanged between C and one boy's father. C stabbed number of times in leg, hand, abdominal region and neck. Jury rejected self defence.

Crowhurst
(18)
NSW CCA
30.10.1996

s.35(b)

PG

MT 21m
AT 16m
(reduced for assistance)

AD
sentence severe and towards top of the range

assault

nil

Complainant assaulted by three youths whose cars had been earlier pelted with eggs. C wrong person in wrong place. Kicked C twice in head, and jumped on face with both feet. Multiple fractures.
Intoxicated. Offered to give evidence against co-offender.

Kennedy
(34)
NSW CCA
15.11.1996

s.35(b)

VG

MT 12m
AT 3y

AD

assault

included assaults

Kicked publican in face as he was removing A's de facto wife from hotel. Broken jaw.

Henry
(17)
NSW CCA
26.11.1996

s.35(b)

PG

MT 2y
AT 18m

AD

hammer

previous assaults on victim
on probation and recog

Beat de facto when she tried to leave him - hit numerous times around legs and arms as she protected head.
Aboriginal.

Woodhouse
NSW CCA
20.12.1996

s.35(a)

PG

MT 1y 9m
AT 7m

AD

knife

previous assaults

Involved in scuffles in hotel. Went home then returned with knife. Further confrontations - stabbed C several times in arm.

Raindow
(22)
NSW CCA
20.12.1996

s.35(b)

PG

MT 3y
AT 2y

AA
MT 2y
AT 18m

hot iron

Struck 21m child in head and applied hot steam iron to abdomen and leg. Annoyed at crying. Burns first and second degree. Unpremeditated.

Ho
(22)
NSW CCA
28.2.1997

s.35(b)

PG

MT 9m
AT 9m

AD

assault

insignificant

Left club with intention to fight - instigated fight with Complainant who was punched and kicked - serious head injuries.

Haitoua
(20)
NSW CCA
9.4.1997

s.35(a)

PG

500h CSO

Crown AA
MT 12m
AT 12m

knife

alcohol related offences

Ejected from club and altercation ensued - friend tried to restrain A and stabbed twice in chest. Lung collapsed.
Alcohol problems. Good prospects of rehabilitation.

Martino
(32)
NSW CCA
11.4.1997

s.35(b)

PG

MT 2y 8m
AT 8m

AA
MT 18m
AT 6m

baseball bat

nil

Accused Complainant of affair with wife and assaulted with baseball bat 20 times. Fractured limbs.

Doolan
(23)
NSW CCA
7.5.1997

s.35(b)

PG

MT 2y
AT 3y

AD

assault

extensive: dishonesty, driving, assaults

Drinking in park with group of people. Pulled apart fighting females by hair, then became aggressive. Pulled and grabbed Complainant by hair, pulled him to ground, kicked and stomped on head. Fractured jaw and zygoma.
Sexually assaulted by C when younger.

Kaadi
(29)
NSW CCA
7.5.1997

s.35(a)

VG

FT 9m
(cumulative to existing sentence)

Crown AA
MT 1y 6m
AT 1y
(cumulative to existing sentence)

knife

violence, including AR
on parole and bail

Altercation initiated by Complainant after A jumped queue at Methadone clinic. A approached C in car park to have it out. C stabbed in abdomen.
Addicted to heroin.

Tracey
(31)
NSW CCA
7.7.1997

s.35(a)

PG

MT 2y
AT 8m

AD

iron bar

on recog for AOABH

Attacked Complainant with iron bar when he answered the back door of his house. Head wounds. Claimed C had molested friend's 13y step daughter.

McAdam
NSW CCA
29.9.1997

s.35(a)

PG

MT 2y 6m
AT 18m

AD

knife.

considerable including 2 x mansl

Complainant came to flat asking for light. Angry at being woken A took knife to door. C insulting and aggressive. C stabbed causing serious injury to eye.
Some attempts made at rehabilitation.

Service
NSW CCA
3.11.1997

s.35(b)

PG

MT 12m
AT 3m

AD

crowbar

Complainant attended home of co-offender demanding payment of debt. Arranged for A and others to be present when C returned. C attacked by four persons, A using crowbar.

Rowe
NSW CCA
10.12.1997

s.35(a)

VG

MT 1y 355d
AT 1y 10d

AD

knife

ten counts of assault

Attack on bouncer who removed A from hotel. C stabbed in lower abdomen and under armpit, punched and grabbed by throat.

Malass
NSW CCA
3.3.1998

s.35(b)

VG

MT 18m
AT 18m

AD

wood

serious driving offences

Brawl involving 30-40 people. Police officer struck in face with wood. Broken nose and loss of sense of smell.

GNW
(32)
NSW CCA
2.3.1998

s.35(a)

PG

MT 3y 9m
AT 1y 3m

AA
MT 3y
AT 1y

knife

dishonesty

Cut throat of friend's girlfriend while driving - external jugular vein severed. Intoxicated. Acted 'wantonly'.

Jamieson
(21)
NSW CCA
24.3.1998

s.35(b)

VG

MT 15m
AT 21m

Crown AA
MT 3y
AT 2y

assault

2 x assault on recog and bail

Attacked frail male in his bed. No motive. Intoxicated.
Tragic background.

Willet
(25)
NSW CCA
21.8.1998

s.35(a)

PG

MT 15m
AT 5m

AD

glass

nil

Struck female with glass after altercation on dance floor. Glass broke causing injury to eye and cheek.
Very atypical behaviour. Excellent record with navy. Prior to offence had been at sea 10 days, sleep deprived and influenced by hay fever medication. Excellent character.

Banks
(21)
NSW CCA
17.8.1998

s.35(b)

VG

MT 12m
AT 12m

AD

punching and kicking

nil violence but gaol for other offences, mostly cars

Arguing with female in caravan park. Male from neighbouring caravan came out to complain. 'King hit' male, then kicked him in stomach, head and back while on the ground. Fractured jaw and chipped teeth. Self defence rejected.

Hall
NSW CCA
11.11.1998

s.35(a)

Sched:
2 x AOABH
2 x assault

PG

MT 2y
AT 1y 6m
(1m PSC)

AD

assault and golf stick

Intoxicated - became aggressive and abusive to students on beach - without provocation head butted and punched two student - kneed third student in groin, struck him around head and body with golf stick, chased him and pushed broken stick into stomach causing lacerations to hands - struck fourth with golf stick.

Campbell
(20)
NSW CCA [76]
12.4.1999

s.35(b)

Sched:
Drive unreg MV
Drive unins MV

PG

MT 1y
AT 2y

AA
MT 2m 25d
AT 18m

steel rod

After fight with complainant took a lift in same car. Repeatedly struck C on head with steel rod in car, causing fractures and lacerations. Both intoxicated
Rehabilitation, contrition

Greiss
(36)
NSW CCA [230]
11.8.1999

s.35(a)

PG

400h CSO

Crown AA
2y 6m
PD

Screwdriver

Nil

Assaulted motorist during argument about U-turn - Head butted and punched complainant then stabbed with small screwdriver
Genuine`` remorse - Delay - Care for mother

King
(22)
NSW CCA [251]
18.8.1999

s.35(a)
s.35(b)

VG

Total effective sentence:
MT 3y 9m
AT 6m

AA
Total effective sentence:
MT 3y
AT 15m

Bottle
House brick

Violence and assault - breached bond and parole

First offence committed during riot - Hit male complainant with bottle once - Subsequent ongoing conflict and confrontation - 16m later threw house brick and complainant and friends - Struck one male causing serious head injuries

Cox
NSW CCA [254]
20.8.1999

s.35(a)

PG

MT 12m
AT 2y 6m

AD

Hunting knife

Insignificant

Dysfunctional platonic relationship with complainant characterised by mutual violence - Serious alcohol problems - While intoxicated stabbed complainant in stomach
Psychological problems - Troubled background

France
(19)
NSW CCA [428]
29.10.1999

s.35(a)

PG

MT 2y 6m
AT 2y 6m

AA
MT 1y 9m
AT 1y 9m

struck victim

long record but no gaol.

Created disturbance at public telephone. Started altercation with passer-by who asked him to desist and struck him on temple.
Voluntarily gave self up to police - drug and alcohol addiction.

Kama
(17)
(2000) 110 A Crim R 47

s.35(b)

PG

MT 9m
AT 18m
PD

Crown AA
MT 2y
AT 1y
PD

punching and stomping on head

nil

Viciously assaulted male significantly smaller in size. Attack continued after Complainant defenceless on ground. Permanent brain damage.
Youth and previous good character.

Toomalati
(28)
NSW CCA [105]
22.3.2000

s.35(b)

PG

3y GBB

Crown AD
(Truly exceptional case)

Assault and stabbing

three convictions for assault - on recog at time of offence

Punched 17y female around face and stabbed her with keys causing injury to eye. Angered over Complainant's with husband.
Single mother with four children. Violent relationship with husband. Suffers depression and attempted suicide several occasions. Support of family. Apologised to C.

Towers
NSW SC [420]
Grove J
18.5.2000

s.35(a)

PG

3y GBB
(10mths PSC)

piece of glass

on recog for assault at time of offence

Originally charged with murder. During drinking binge stabbed Complainant with broken glass. C killed by independent stab wounds suffered at hands on unknown assailant.
Aboriginal, low intelligence, matter could have been dealt with in L.Ct.

Magrin




Watson
NSW CCA [346]
31.8.2000

Acc. to s.35(b)




s.35(b)

PG



VG

16m
NPP 12m
(+ 52d PSC)


12m PD

Crown AD


Crown AD

baseball bat

nil

Assisted perpetrator in serious assault on complainant for payment. GM involved in planning and negotiating - GW drove assailant to and from scene of offence but not present during offence. Did not intend or expect severity of assault (loss of eye and brain damage).

Berry
(31)
NSW CCA [451]
7.11.2000

s.35(b)

PG

2y 6m
NPP 6m
PD

Crown AA
18m
NPP 9m

car

no prior criminal or traffic convictions

Drove motor car at estranged de facto, deliberating swerving on to wrong side of road and increasing speed to 50 kph. Reckless and indifferent to consequences.
Good subjective features.

Scott
(28)
NSW CCA [535]
8.12.2000

s.35(a)

PGG

4y 4m
NPP 2y 6m

AD

knife

nil

Attacked female flatmate with knife around head and neck. Resisted attempts of other flatmates to pull him of victim.
Out of character.

Carpenter
(52)
NSW CCA [87]
21.3.2001

s.35(a)

PG

4y 10m
NPP 2y 10m

AD

knife

lengthy

Stabbed stranger in stomach on street - no provocation - intoxicated.

Piccin
(42)
NSW CCA (No 2) [323]
30.8.2001

s.35(a)

VG

2y GBB

AD

knife

nil

Stabbed teenage ex-boyfriend when he broke off relationship was over.
Mother of 3 children. Self-sufficient. Victim of fraud resulting in loss of property and business.
Acquitted of stalking on appeal - appeal seeking to have no conviction recorded.

Sloane
(29)
(2001) 126 A Crim R 188

s.35(b)

Sched:
2 x assault

VG

2y 11m
NPP 2y
PD
(+65d PSC)

Crown AD
Sentence inadequate but discretion exercised

assault

record

Off duty police officer approached group of drunken males outside hotel - showed group his badge - scuffle developed and police officer kicked while on ground - serious injuries.
Neglected background - evidence of rehabilitation.

Smith
NSW CCA [420]
15.10.2001

s.35(b)

Sched:
breach of ADVO

PG

4y
NPP 3y

AA
4y
NPP 2y

assault

Assaulted estranged wife in driveway of her parents' house. Bashed head into ground, forced her against steel mesh fence and forced her inside, bashing her head against floor. Armed with knives.
Aboriginal - good work history - protective custody because worked as prison officer.

Sako
(25)
NSW CCA [415]
23.10.2001

s.35(b)

VG - at trial for s.33

5y
NPP 3y 9m

AD

Assault

record involving minor violence

Involved in assault on off duty police officer by 10-12 men outside hotel. Officer fatally stabbed. Accessorial liability. Knew victim was a police officer and defenceless and aware knives had been used - became involved after fatal stabbing when heard bother had been stabbed.
Iraqi.

Bett
(20)
NSW CCA [482]
23.10.2001

s.35(b)

PG

3y
NPP 12m
PD

Crown AA
3y
NPP 2y 3m
PD

assault

nil

Took 62y male with walking stick by throat and shook him - punched in face several times and taken in headlock - thrown to ground, causing back of head to strike kerb - Complainant lost sight in right eye and other injuries.
Voluntary surrender to the police.

Reid
(27)
NSWSC [1084]
Bell J
16.11.2001

s.35(b)

PG

3y 3m
NPP 1y 9m

assault

lengthy

Assisted co-offender in assault on male acquaintance - Kicked Complainant in head once - Helped put C in dumpster - C subsequently set alight by co-offender and died.
Aboriginal - deprived and traumatic childhood - alcoholic - assistance to authorities - protection - history of self harm and psychiatric disorder

Guivarra
(30)
NSW CCA [69]
5.3.2002

s.35(a)

PG

FT 2y suspended

Crown AD

golf club and knife

assault

Assaulted lover of former girlfriend. Complainant hit with golf club and stabbed in abdomen.

Galati
(21)
NSW CCA [366]
4.9.2002

s.35(b)

Sched:
2 x possess prohibited drugs

PG

3y
NPP 12m
PD

Crown AA
3y PD

assault

minor

Assaulted stranger outside hotel - Unprovoked - Karate kick to head - Serious consequences
Voluntarily surrendered next day - Genuine remorse - Evidence of rehabilitation - Lengthy delay

Brownlow
(24)
NSW CCA [404]
3.10.2002

2 x s.35(a)

PG

15m
NPP 5m

Crown AA
2y 11m
NPP 11m

machete

minor

Attended home of ex-de facto with 4 others armed with machete seeking return of money owed by de facto - In subsequent struggle male seriously injured on elbow and co-offender cut on ear - Planned attack although wounding reckless
Difficult personal history resulting in early drug abuse - Less than average intelligence - Evidence of rehabilitation

Mendez
(23)
NSW CCA [415]
8.10.2002

s.35(b)

PG

4y
NPP 2y 3m

AD

assault with heavy object

Violence - bail

Female complainant approached house of ex-husband calling out and intoxicated - Swung heavy object at C's face then chased and continued assault - Serious fractures to face
Violent and difficult childhood - Need for psychiatric counselling.

C Tran

H Tran
(2002) 134 A Crim R 577

s.35(b)

Sched:
s.35(b)

PG

4y
NPP 3y

AD

shooting

no detail

Drove past complainant's home - Shot at the C and another male as they sat outside their home - revenge for being shot at by C.

McKay
(37)
NSW CCA [32]
19.2.2003

s.35(b)

PG

3y
NPP 18m

AD

assault

2 x assault police

During argument with de facto wife placed her in head lock and punched her in face - Caused broken cheek and eye socket - Took C to hospital
Upset by recent death of father - Genuine remorse - Conduct unusual

Morrison
(22)
NSW CCA [89]
25.3.2003

s.35(b)

Sched:
Mal damage to property

PG

5y
NPP 3y 4m

AD

assault

assaults - breached bond and requirement to stay away from hotel

Assaulted Complainant outside hotel - elbowed in face - kicked while unconscious on ground several times - head butted glass window of shop - serious brain damage
Unfortunate and neglected childhood - sexually abused

Takau
(22)
NSW CCA [181]
20.6.2003

s.35(b)

PG

4y
NPP 2y 9m

AA
4y
NPP 2y

Assault

Prior convictions - no full time prison

With group of males punched male acquaintance to ground - stomped on face 6-7 times
Intoxicated - evidence of good character

DSW
(16)
NSW CCA [322]
5.11.2003

s.35(b)

VG
(see facts)

4y
NPP 2y 6m

Crown AD

Assault

Assault - breached bond

Assaulted male in street - Deliberately and forcefully jumped on head more than twice - Caused serious impairment
Acquitted at trial of more serious offence - Offer to plea guilty rejected by Crown
Troublesome history of violence - Aboriginal - Intoxicated - Abuse of alcohol and drugs - No remorse

Mako
(25)
NSW CCA [90]
7.4.2004

s.35(b)

PG

3y
NPP 2y

AA (technical ground only)
3y
NPP 2y

knife

Assault, AOABH

Cut throat of brother's girlfriend after argument with brother.

Westerman
(27)
NSW CCA [161]
17.5.2004

s.35(b)

Sched:
AOABH

PG

7y
NPP 5y

AA
4y
NPP 3y

Assault

Dishonesty and driving - no violence

Extensive and severe beating of 5y son of de facto - injuries to head and face, arms and body - AOABH involved kick to child's lower back - Not isolated incidents
Not worst case

TR
(16)
NSW CCA [187]
1.7.2004

s.35(b)

PG

3y 6m
NPP 1y 8m

AD

Assault

Nil

Group assault on male complainant - Used heavy chain - C kicked, punched and head stomped - Serious injuries - Reaction to racial slur
Dysfunctional and abusive childhood - Psychological problems - Evidence of rehabilitation - Delay - Remorse

Davis
NSW CCA [281]
12.8.2004

2 x s.35(b)

PG

4y 8m
NPP 4y

AA
4y 7m
NPP 3y 5m

Not stated

Lengthy, inc traffic and violence

First offence resulted in very serious injuries, probably permanent - Totality - Few facts
Aboriginal - Very limited prospect for rehabilitation

Franklin
NSWCCA [24]
4.2.2005

s.35(b)

PG

2y 6m
NPP 1y 4m

AD

Punching and chair leg

Two previous assaults

Fight with girlfriend's ex-partner - Fight initiated by victim - Victim punched unconscious

Williams
(31)
NSWCCA [14]
9.2.2005

s35(b)

PG

3y
NPP 1y 6m

AD

Dead branch

Nil

Assault on step-father at family wedding over allegation he had sexually assaulted offender's sister when 9y - armed with mattock and axe but taken from him - punched V and then attacked with tree branch - skull fracture with bleeding and swelling to brain
Studying - marijuana - schizophrenia

Tran
(20)
NSWCCA [35]
17.2.2005

s.35(a)

PG

18m
NPP 6m

AD

Knife

Nil

Became involved in assault on 16y female - Co-offender used knife - Least culpability

Ngo
(22)
NSWCCA [107]
31.3.2005

s.35(1)(a)

PG

3y PD

AA
2y
NPP 1y 3m PD

Cleaver

Minor

Vietnamese went with friends to club to watch soccer - argument developed with rival Chinese group - chairs used - offender's group outnumbered, so went and got two cleavers and struck V - left scene
Good character and employment - no current drug problems - stable relationship - above average intelligence

Mauri
(38)
NSW CCA [272]
4.8.2005

s.35(1)(a)

VG

4y
NPP 9m

AA
3y
NPP 9m

Glass

Record for violence - no impris - breached bond

During argument in hotel struck male stranger in face with glass - glass broke - element of provocation and self defence - did not consciously use glass
Intoxicated

Smith
(27)
NSWCCA [286]
23.8.2005

s 35(1)(b)

PG

10m
NPP 5m

Crown AD

Hot water

None stated

Facts unclear - poured hot water on partner's 6y son in bath, permanently scarring his legs - failure to get medical assistance - hot water not a weapon within s 21A(2)(c) - exercise discretion not to intervene
Average intelligence - finished high school and child care course - no drug issues

Otway
NSW CCA [352]
19.10.2005

s.35(1)(b)

PG

2y 4m
NPP 1y 9m

AA
2y 4m
NPP 1y 4m 23d
(immed release)

Knife

Mostly drug offences

During argument with male acquaintance on street punched complainant in face and stabbed in stomach with knife - voluntarily surrendered to police
Drug addiction

Morris
NSW CCA [199]
23.6.2006

s.35(1)(a)

PG

3y
NPP 1y 8m

AA
2y 3m
NPP 1y 2m

Knife

Not significant

Stabbing during argument with flat mate - Momentary rage
Good character - good prospects of rehabilitation - HIV - delay

Ilioski
NSW CCA [164]
10.7.2006

s.35(1)(a)

VG

4y 6m
NPP 2y 6m

AD

Knife

Nil

During brawl outside nightclub attacked male with knife - slashed to throat requiring immediate surgery - stabbed in chest
Convicted after four trials

Kanengele-Yondjo
(39)
NSW CCA [354]
16.11.2006

2 x s.35(1)(b)

PG

12y
NPP 9y

AD

HIV

Dishonesty

Congolese male infected two women with HIV during intercourse - Aware of medical condition but failed to warn either partner - worst case

O'sullivan
(33)
NSW CCA [368]
27.11.2006

s.35(1)(b)

PG

4y 8m
NPP 3y 6m

AD

No weapon

Priors for violence - breached bond

Prolonged and unprovoked attack on fellow resident in boarding house - serious brain injuries

Douglas
(29)
NSW CCA [31]
14.2.2007

s.35(1)(a)
s.35(1)(b)

PG
VG

20m
NPP 12m
Suspended

Crown AA
20m
NPP 12m
PD

Metal pole

Assaults - breached CSO

Offered to plead guilty to second offence - convicted as alternative offence at trial for s.33
Assaulted 58y male with metal pole - also struck step son - history of animosity between families - element of provocation

Andrews
(34)
NSW CCA [68]
16.3.2007

35(1)(a)

PG

2y 3m
NPP 20m

AD

Bottle

Violence and dishonesty - previously assaulted victim

Hit ex de facto with bottle of rum and beer - kicked side of face
Significant substance abuse - broken home

Morris
(39)
NSW CCA [127]
17.5.2007

s.35(1)(a)

VG

7y
NPP 4y 6m

AA
5y
NPP 3y 6m

Knife

Extensive - including violence - breached parole

Attacked male stopped on street at night to be sick - stabbed with knife several times - injuries not serious

Davies
(28)
NSW CCA [178]
29.6.2007

s.35(1)(a)

PG

10m Suspended

Crown AD

Beer glass

On recog for High range PCA

Intervened in argument between two old school friends while drinking at club - Hit victim in eye area with beer glass.
Low objective criminality.

Nowak
(21)
NSW CCA [89]
21.4.2008

35(1)(b)

PG

4y
NPP 12m

AD

Bottle of vodka

Nil

Asked to leave wedding reception - smashed bottle of vodka across face of complainant - serious injuries
Good character - intoxicated - genuine remorse

Wright
NSW CCA [282]
15.12.2008

s.35(1)(b)

VG
(trial for s.33)

6y
NPP 4y

AD

Beer glass

Number of similar offences. On bail.

Hit victim in face with glass at pub - rivalry over female acquaintance - high end objective seriousness.
Continued disregard for the law - number of previous offences involving glass as weapon.

Sayin
(41)
NSW CCA [307]
16.12.2008

s.35(1)(b)

PG

5y
NPP 3y

AA
3y 9m
NPP 2y 3m

Beer glass

AOABH

Hit victim in face at theatre show at club after becoming irritated at victim talking.
SJ erroneously found intent to cause harm.

Zahoros
(64)
NSW CCA [336]
22.12.2008

s.35(1)(a)

PG

5y 2m
NPP 3y 10m

AA
4y
NPP 2y 9m

Knife

Nil

Stabbed victim in arm and abdomen following argument at restaurant - offence not at upper end of range.
Mental illness - schizophrenia.

Wilson
NSW CCA [73]
23.3.2009

s.35(1)(b)

Sched:
Assault

PG

2y 3m
NPP 12m
Periodic Detention

AD

Beer glass

Irrelevant

Hit victim in face with beer glass while intoxicated at club.

Cryer
NSW CCA [18]
10.2.2010

s.35(1)(b)

VG

5y 6m
NPP 4y 1m 16d

AD

No weapon

Not indicated.

Punched victim twice in head after victim made threat to A – victim fell backwards and suffered very serious brain injury.

Mitchell
(29)
NSW CCA [145]
12.7.2010

s. 35(1)(b)

PG

3y

NPP 2y

AD

No weapon

Driving, AOABH

Punched victim (cousin’s partner) 4 times after victim had assaulted A’s cousin – victim fell backwards - suffered brain swelling, haemorrhage, loss of taste and smell – unprovoked assault.

Strong family ties – hard worker – supportive family – good rehabilitation.