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 - Post 27.9.2007 amendment

s.35(1) Crimes Act 1900 (NSW) – 14y Standard non-parole period (where conviction entered or guilty plea accepted on or after 1.1.2008) – 5 years

This amended section commenced 27.9.2007

Name

Offence

Plea

Sentence

Appeal

Weapon

Record

Summary

Farrawell-Smith
(23)

NSWCCA [144]
14.7.2010

s.35(1)

 

s.35(3)

PG (15%)

PG (25%)

20m (suspended)

12m (suspended)

Crown AD

(in exercise of discretion)

Shovel

Offences including assault – breached conditional liberty

SNPP 5y Approached group of youths with several other offenders with intention to fight – two victims assaulted by co-offender with shovel – bashed to head – another co-offender angered by earlier confrontation

Supporting partner and child – remorse – good prospects of rehabilitation

Assistance – 40-50% combined discount

 

 

 

Section 35(2) Recklessly Cause GBH

s.35(2) Crimes Act 1900 (NSW) - 10y
Standard non-parole period (where conviction entered or guilty plea accepted on or after 1.1.2008) - 4 years

This amended section commenced 27.9.2007

Name
OffencePleaSentenceAppealWeaponRecordSummary

Thawer
(33)
NSW CCA [158]
5.6.2009

s.35(2)

PG

16m suspended sentence

Crown AA
3y
NPP 16m

Knife

Nil

SNPP 4y Resident of Wesley Mission stabbed another resident during argument – three stab wounds to abdomen – excessive response to self defence and provocation

Mental condition.

Offence “in mid-range, somewhere towards the lower end”: at [42].

Gillon
(37)

NSW CCA [277]
26.9.2009

s. 35(2)

PG

4y
NPP 3y

AD

 

Lengthy. Assault, violence.

SNPP 4y Assaulted victim after victim hit A’s cousin – victim and A’s cousin in defacto relationship – A kicked and punched V whilst on ground – various injuries including fractured jaw, nose and ribs.

Mid-range offence.

Aboriginal background.

Weir

NSW CCA [123]
25.5.2011

s. 35(2)
s. 195 – Destroy property

PG

4y
NPP 1y 6m

AA – Appeal on s 35(2) offence only

 

3y
NPP 1y 6m

Claw hammer

Lengthy.

SNPP 4y Attacked neighbour in apartment block following history of disputes – Struck victim in forearm and to forehead – s.195 offence involved damaging victim’s door .

Offence in mid-range.

Mental illness - Denial of procedural fairness at sentence.

Reberger
(25)

NSW CCA [97]
10.6.2011

s.35(2)

PG

4y 10m 15d
NPP 2y 11m 2d

AA
3y 9m

NPP 2y 3m

Beer glass

Driving.

SNPP 4y Glassed victim to side of face – victim suffered permanent loss of vision to right eye – spontaneous attack – victim had intervened in argument between applicant and other persons - applicant intoxicated.

CCA assessed offence as about midrange.

Mental impairment – SJ failed to take into account causal connection between A’s mental impairment and commission of offence – error as to assessment of objective seriousness.

 

Spooner
(18)

NSW CCA [247]
28.9.2009

s. 35(2)

PG

4y
NPP 1y 10m

AD

Glass

Nil

SNPP 4y Smashed glass in victim’s face during altercation at club – victim had arm in plaster cast – victim lost sight in one eye as a result of incident.

Above mid range objective seriousness.

Butters
(21)

NSW CCA [1]
4.2.2010

s.35(2)

PG

4y 6m
NPP 3y

AD

Glass

Nil

SNPP 4y
Victim intervened after offender grabbed female companion on buttocks at hotel - Smashed glass into victim’s face – eye later surgically removed – intoxicated

Prior good character but history of alcohol abuse - remorse

Dunn

NSW CCA [123]
16.6.2010

s.35(2)

PG

2y 6m
NPP 15m

AD

Punch

 

SNPP 4y Involved in fight with neighbour in street – both men exchanged punches – grabbed victim to head and kneed him in face causing facial fractures and loss of sight to eye – long term feud

Campbell-Stephen

NSW CCA [204]
14.9.2010

s.35(2)

 

Sched:
Common assault

PG

3y 6m
NPP 2y

AD

Punch

 

SNPP 4y Single blow to V who fell and hit head on pavement – V suffered serious head injury with multiple skull fractures and brain swelling – argument at club.

Mid-range objective seriousness.

Dosen
(50)

NSW CCA [283]
29.11.2010

s.35(2)

PG

3y
NPP 18m

AD

Glass

Breached bond for assault

SNPP 4y Appellant and two companions forcefully ejected form hotel by victim – threw glass at victim striking him in the head – angry at treatment – spontaneous offence – significant injuries – slightly less than mid-range

Suffering depression and back injury

Moss
(48)

NSW CCA [86]
11.4.2011

s.35(2)

VG

3y 9m
NPP 2y

AD

 

Stealing, assault, street offences, breach AVO (against same victim).

History stopped in 1997 and did not resume until 2008.

SNPP 4y Lived in sane Department of Housing development as 53 year old female victim – history of altercations between D and V – punched victim several times – victim suffered fractured nose – injuries at lower end of spectrum.

Mental illness – on bond.

Mumberson

NSW CCA [54]
8.4.2011

s.35(2)

PG

1y 8m
Suspended sentence

Crown AA
2y 3m
NPP 1y 3m

Car

High range PCA

SNPP 4y
In highly intoxicated state – riding as passenger in vehicle being driven by V (D’s girlfriend) – in emotional and aggressive state following argument on phone with friend - told V where to drive – grabbed steering wheel causing vehicle to collide – V suffered serious spinal injuries – D had no recollection of events - unusual case.

Good character.

O’Conner

NSW CCA [161]
20.7.2011

s.35(2)

PG

4y
NPP 2y 6m

AD

 

Long record including assaults – breached bonds

SNPP 4y Punched female performing traffic control duties twice in mouth – facial injuries and broken leg from fall – spontaneous offence – mid range severity

Dysfunctional childhood – drug and alcohol abuse – PTSD – some evidence of rehabilitation – extra curial punishment from injuries inflicted when being restrained

Arnold
(39)

NSW CCA [150]
28.7.2011

s.35(2)
s.35(1)

AOABH

PG

3y
NPP 2y

 

Total:
3y 3m
NPP 2y 4m

AA
3y
NPP 1y 10m

 

Total:
3y 3m

NPP 1y 10m

 

Insignificant

SNPP 4y
Drinking with victims in pub – pushed male friend to ground and several kicks to body and head – struck female friend across face and head butted second male friend when they attempted to intervene – affected by alcohol

Out of character

Passaris
(54)

NSW CCA [216]
26.9.2011

s.35(2)

PG

8y
NPP 6y

AD

truck

Old assault offences

SNPP 4y
Truck driver drove over the lower half of another truck driver standing between offender’s truck and victim’s truck – extensive lifelong injuries – well above mid range

Ross
(45)

NSWCCA [161]
4.7.2012

s.35(2)

PG
(10%)

4y 6m
NPP 3y 4m

AA
3y 8m
NPP 2y 9m

Piece of wood

Lengthy record including violence

SNPP 4y
During argument over dog and kitten struck male neighbour twice with piece of wood – blow to back caused serious internal injuries – mid range

Drug user

Dungay
(23)

NSWCCA [197]
14.9.2012

s.35(2)

PG
(25%)

1y 9m
Suspended sentence

Crown AD

punch

Juvenile offences

SNPP 4y Collided with male victim while being removed from night club – during altercation punched victim once to head – victim unconscious before hitting ground – fracture of skull - no memory of incident but accepted responsibility – both intoxicated

Significant rehabilitation since difficult childhood

Blackwell

NSWCCA [227]
1.11.2012

s.35(2)

VG
(13%)

4y 4m
NPP 2y 8m

Crown AD

Glass

minor

SNPP 4y Struck male stranger at hotel with glass – loss of eye and facial scarring – intoxicated – SJ not satisfied aware glass in hand

Convicted at retrial for more serious offence – offer to plead guilty rejected – evidence of rehabilitation

Galbraith, B

(25)

 

 

 

 

 

Galbraith, R
(19)

 

NSWSC [284]
Harrison J

5.4.2013

s. 35(2)

Affray

 

 

 

 

 

 

s. 35(2)
Affray

VG

 

 

 

 

 

 

 

VG

Each offender:

s.35(2) -
1y 8m Suspended sentence

Affray –
2y GBB

Nil

 

 

 

 

 

 

 

Nil

SNPP 4y

Co-offender NWG (brother) struck V who fell unconscious to ground – Both As were with NWG when they confronted V and friends who had attended a party in their neighbourhood – unplanned – one of V’s friends was killed when he ran into an oncoming car as he tried to escape – neither A directly assaulted V - each sentenced on basis of consequences of participation in the events that included the assault upon V.

Both: Prior good character – rehabilitation prospects – remorse – strong subjective case

Carpenter

(51)

NSWCCA [130]
30.5.2013

s. 35(2)

s. 196(1)(b)

Total:

7y 3m
NPP 4y 3m

​AD ​Demand money, damage property (similar prior offences) SNPP 4y

Set fire to unit whilst victim was asleep inside – V suffered burns to 25% of body – A jealous of V’s relationship with A’s ex-girlfriend. Substance abuse, mental health issues.

Brown

[2014] NSWCCA 215

​s. 35(2) ​PG​4y 10mNPP 3y 4m ​AD​LengthySNPP 4y

In domestic relationship with V, female partner – following argument punched V to both sides of head – V suffered fractured jaw and bruising – underwent surgery. Mid-range objective seriousness. Alcohol abuse.

 

 

 

 

 

 

 

 

 

s.35(3) Crimes Act 1900 (NSW) – 10yStandard non-parole period (where conviction entered or guilty plea accepted on or after 1.1.2008) – 4 years

This amended section commenced 27.9.2007

Name

Offence

Plea

Sentence

Appeal

Weapon

Record

Summary

AI
(17)

[2011] NSWCCA 95

s. 35(3)

VG

3y
NPP 18m

Crown AD

Knife

Assault. On parole.

With SB and JB at train station – AI instigated fight with V and friend – AI carried and wielded knife – kicked V – SB stabbed V a number of times to arm and chest – V suffered life threatening and permanent injuries.

Youth – troubled background – offence not planned – did not inflict stabbing.

Sentence inadequate however due to completion of NPP and release on parole CCA declined to intervene.

SB charged with s 33 ([2011] NSWCCA 95)

Chen
(22)

NSWCCA [116]
22.5.2013

s.35(3)

PG
(25%)

3y
NPP 18m

AD

Knife

Nil

Slashed male stranger standing outside bar on arm with flick-knife – unprovoked attack

Out of character – intoxicated – Chinese national – married – remorse and good prospects of rehabilitation

 

 

 

Section 35(4) Reckless Wounding

s.35(4) Crimes Act 1900 (NSW) - 7y
Standard non-parole period (where conviction entered or guilty plea accepted on or after 1.1.2008) - 3 years

This amended section commenced 27.9.2007

Name
Offence
Plea
Sentence
Appeal
Weapon
Record
Summary

Barker
(59)

[2009] NSWCCA 225

s.35(4)

 

Possess loaded firearm so as to endanger life s.93G

 

Sched:

5 x firearms offences

PG

1y 10m 15d
NPP 6m

Crown AD

(excessively lenient but discretion exercised)

Gun (used to strike)

Nil

Angry after being told another man had been running around with wife– entered house and struck sleeping wife with orange pipe – threatened wife with loaded shotgun – tied rope around throat – struck wife with shotgun to head – additional firearms found at residence where accused lived during work week – wounding not part of original plan Victim had limited mobility due to ill health – accused intoxicated and concerned about losing job – no history of violence – out of character – genuine remorse

OH, Hyunwook
(28)
[2010] NSWCCA 148

s.35(4)

PG

2y 6m
NPP 1y 6m

AD

Knife

Nil

Argument with victim who shared house - chased V through house with knife - sustained attack - stabbed V in stomach - serious injury requiring surgery - spontaneous offence.
SJ erred in not referring to SNPP - sentence lenient.

Zreika
(32)

[2012] NSWCCA 44

s. 35(4)

PG

1y 11m

NPP 1y 3m

AD

Beer bottle

Violence, BE&S, Dishonesty

Stabbed victim number of times with broken beer bottle after a heated argument – V was a neighbour of A’s friend – A and V did not previously know each other

Golding
(34)

NSWCCA [76]
1.5.2012

s.35(4)

 

Sched:
Assault

PG

3y

NPP 2y 3m

AD

Knife

Record including violence

Fisherman from Darwin visiting friend – became involved in confrontation with group of men outside house – collected knife from inside – accidently stabbed 16y girl who sought to intervene – intoxicated - mid range offence

Melbom
(32)

NSWCCA
210]

9.9.2013

s.35(4)

 

S.33B(1)(b)

PG

4y NPP 2y 10m 15d FT 2y 4m Total: 4y 6m NPP 3y 4m 15d

AD

Knife

4y NPP 2y 10m 15d FT 2y 4m Total: 4y 6m NPP 3y 4m 15d

Staying with victims in victims’ house – stabbed male occupant in chest during lengthy argument over phone – threatened female occupant with knife when she threatened to call police Long history of substance abuse