Frogley NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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 NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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 NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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 NSWCCA 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 NSWCCA 30.5.1996 | s.35(b) | VG - at trial attempt 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 NSWCCA 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) NSWCCA 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 NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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 NSWCCA 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 NSWCCA 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 NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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) NSWCCA 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 NSWCCA 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) [1999] NSWCCA 76 | 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) [1999] NSWCCA 230 | 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) [1999] NSWCCA 251 | 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 [1999] NSWCCA 254 | 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) [1999] NSWCCA 428 | 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) [2000] NSWCCA 105 | 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 [2000] NSWSC 420 Grove J | 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 [2000] NSWCCA 346 | 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) [2000] NSWCCA 451 | 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) [2000] NSWCCA 535 | s.35(a) | PG | 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) [2001] NSWCCA 87 | s.35(a) | PG | 4y 10m NPP 2y 10m | AD | knife | lengthy | Stabbed stranger in stomach on street - no provocation - intoxicated. |
Piccin (42) [2001] NSWCCA 323 | s.35(a) | VG | 2y GBB | AD | knife | nil | Stabbed teenage ex-boyfriend when he broke off relationship 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 [2001] NSWCCA 420 | s.35(b) Sched: breach of ADVO | PG (20%) | 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) Esho (24) [2001] NSWCCA 415 | s.35(b) s.35(b) s.93C | VG – at trial for s.33 | 5y NPP 3y 9m 6y 8m NPP 5y (concurrent) | AD AD | Assault | record involving minor violence 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 – S became involved after fatal stabbing when heard brother had been stabbed – E leading role in assault Iraqi. |
Bett (20) [2001] NSWCCA 482 | 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) [2001] NSWSC 1084 Bell J | s.35(b) | PG (15% - but see facts) | 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 Total discount – 35% |
Guivarra (30) [2002] NSWCCA 69 | 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) [2002] NSWCCA 366 | 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) [2002] NSWCCA 404 | 2 x s.35(a) | PG (25%) | 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) [2002] NSWCCA 415 | s.35(b) | PG (20%) | 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 Van Tran H Van Tran (2002) 134 A Crim R 577 NSWCCA | s.35(b) Sched: s.35(b) | PG (25%) | 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) [2003] NSWCCA 32 | 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) [2003] NSWCCA 89 | s.35(b) Sched: Mal damage to property | PG (17%) See [30] | 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) [2003] NSWCCA 181 | s.35(b) | PG (25%) | 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 |
D.S.W. (16) [2003] NSWCCA 322 | 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 – entitled to some discount Troublesome history of violence – Aboriginal – Intoxicated – Abuse of alcohol and drugs – No remorse |
Mako (25) [2004] NSWCCA 90 | s.35(b) | PG (see facts) | 3y NPP 2y | AA (technical ground only) 3y NPP 2y | knife | Assault, AOABH | Cut throat of brother's girlfriend after argument with brother. Discount for guilty plea not quantified but plea entered at earliest opportunity – see [27] |
Westerman (27) [2004] NSWCCA 161 | s.35(b) Sched:
AOABH | PG (20% on appeal) | 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) [2004] NSWCCA 187 | 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 [2004] NSWCCA 281 | 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 [2005] NSWCCA 24 | s.35(b) | PG (25%) See [36] | 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) [2005] NSWCCA 14 | s35(b) | PG (25%) See [24] | 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) [2005] NSWCCA 35 | 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) [2005] NSWCCA 107 | s.35(1)(a) | PG (25%) | 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) [2005] NSWCCA 272 | 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) [2005] NSWCCA 286 | 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 [2005] NSWCCA 352 | s.35(1)(b) | PG (22%) | 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 [2006] NSWCCA 199 | s.35(1)(a) | PG (25%) | 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 [2006] NSWCCA 164 | 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) [2006] NSWCCA 354 | 2 x s.35(1)(b) | PG (15%) | 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) [2006] NSWCCA 368 | s.35(1)(b) | PG (12.5%) | 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) [2007] NSWCCA 31 | s.35(1)(a) s.35(1)(b) | PG (15%) 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) [2007] NSWCCA 68 | 35(1)(a) | PG (25%) | 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) [2007] NSWCCA 127 | 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) [2007] NSWCCA 178 | s.35(1)(a) | PG (16%) | 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) (2008) 183 A Crim R 526 | s.35(1)(b) | PG (25%) | 4y NPP 12m | AD | Bottle of vodka | Nil | Asked to leave wedding reception – smashed bottle of vodka across face of V – serious injuries Good character – intoxicated – genuine remorse |
Wright [2008] NSWCCA 282 | 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) [2008] NSWCCA 307 | s.35(1)(b) | PG (15%) | 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) [2008] NSWCCA 336 | s.35(1)(a) | PG (20%) | 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 [2009] NSWCCA 73 | s.35(1)(b) Sched: Assault | PG (25%) | 2y 3m NPP 12m Periodic Detention | AD | Beer glass | Irrelevant | Hit victim in face with beer glass while intoxicated at club. |
Cryer [2010] NSWCCA 18 | 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) [2010] NSWCCA 145 | s.35(1)(b) | PG (25%) | 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. |
Walker (38 – 50) [2016] NSWCCA 213 | s.35(1)(b) | PG
(25%) | 2y NPP 12m | AD | Punch | Assaults | (2003) – absconded after pleading guilty – unprovoked punch to head of stranger outside hotel at night causing fractured jaw No reduction for delay but took into account evidence of rehabilitation – daughter with medical condition |