7y 6m

NPP 5y

SNPP 7 years

Female attacked 15y female on street with two friends – Stabbed and cut with knife – lacerations to face, breast and scalp – required stitches - slightly in excess of mid-range.

Mother of young child – Drug abuse and youth - special circumstances - rehabilitation

2y 8m

NPP 14m

SNPP 7 years

During argument over parked car deliberately drove at and struck police officer with front of car – accelerated and drove off - fractured right arm with permanent damage - financial stress due to loss of work - below mid-range

Uncharacteristic aberration.

10y 8m

NPP 8y

SNPP 7 years

Confrontation in hotel after accidental bumping – struck victim in face with glass – severe lacerations 40 stitches to cheek, left eyebrow and left eyelid – unprovoked – spontaneous - V left with residual "substantial and prominent" scarring - slightly above mid-range

10y 6m

NPP 6y

SNPP 7 years

Fight in gym – unprovoked stabbing of male stranger – 7 stab wounds – V suffered stab wound to liver - hospitalised for 10 days - required two operations – good prognosis for recovery - upper mid-range.

Steroid and anger problem

5y

NPP 2y 6m

SNPP 7 years

Female– pushed glass into right eye of victim during confrontation in night club – aggravating factors: no provocation, use of weapon, extent of injury - Victim had 3 operations to eye to try to prevent retinal detachment - significant chance victim might require removal of eye itself with risk of sympathetic injury to left eye occurring in future - facial scarring - unlikely to be able to continue as a serving police officer - somewhat below mid-range

Difficult childhood – depression – remorse

Sentence was lenient but within range

SNPP 7 years

Attack upon estranged 57y wife – broke into victim's home at night – beat victim to face and body – Victim suffered serious on-going injuries- above mid-range - "Cold calculated and brutal attack upon a helpless woman in her own home."

Serving sentence for prior assault on victim's new partner.

5y 4m

NPP 2y 10m

SNPP 7 years

Stabbed shopkeeper twice in neck during struggle.

Troubled background - on drugs at time of offence - prospects of rehabilitation guarded.

3y

NPP 2y

Periodic Detention

SNPP 7 years

Stabbed victim three times in chest and once in back – injuries to spleen and punctured lung - Victim to marry appellant's ex-partner and mother of his child - below mid‑range.

Refugee from war in Sudan - fractured childhood being taken prisoner by soldiers and separated from family - supported mother and younger siblings.

7y

NPP 4y

SNPP 7 years

Unprovoked assault on de facto causing multiple facial fractures – intoxicated – voluntary surrender to police – suffering mental illness affecting culpability - V suffered severe physical injuries – facial fractures, fractures to her nasal bones, fractures of the mandibles and dental injuries – required surgery.  In hospital for 2 weeks - lower end of mid-range.

Aboriginal with deprived childhood – suffered physical and sexual abuse

Sentencing judge erred in finding in upper level of seriousness - ought to have taken applicant's psychological condition into account on objective seriousness - suffering incapacitating mental illness at time of offence

3y

NPP 2y Periodic Detention

SNPP 7 years

Assaulted by security guard (victim) and other guards after offender insulted victim outside nightclub – Offender went home and obtained knife from kitchen – Returned to nightclub and stabbed victim in neck - no premeditation or planning - removal of knife from kitchen was spontaneous without malicious intent - did not seek out victim for revenge - victim reacted unprofessionally and provocatively with physical aggression in response to verbal insult - offender used knife only after commencement of physical violence and when in fear of further beatings - injuries not "significant." - low mid-range.

Additional 13.3% discount for contrition, remorse and weak crown case

GBH / GBH

Mal wound/GBH

Total:

9y

NPP 5y

SNPP 7 years

Repeatedly stabbed estranged de facto and new partner - female victim suffered life threatening injuries requiring immediate surgery and leaving permanent scarring - mid-range.

Immediately sought help from neighbours and called ambulance – stayed until ambulance and police arrived - immediate post-crime ameliorating conduct entitled appellant to mitigation of sentence but did not affect assessment of objective gravity.

10y 8m

NPP 6y

SNPP 7 years

With co-offender (brother) attacked victim on street at night – punching and when victim fell to the ground kicking even after unconscious– unplanned, relentless assault - V suffered fracture of lower jaw - right ear partially torn away requiring reattachment - serious abdominal injuries necessitating amputation of between 40% and 50% of V's colon, and loss of 20% of blood – unprovoked assault - mid-range.

Appeal allowed on parity ground. 

3y

NPP 2y

SNPP 7 years

During soccer match scuffle ensued – kicked linesman once to face as he intervened - suffered facial injuries including fractured eye socket, nose, broken teeth, fracture of bones above left upper teeth and retinal injuries - required 3 metal plates.

5y

NPP 2y 6m

SNPP 7 years

Led assault on single male by group of males on street late at night - V suffered fracture to jaw in two places, fracture to left eye socket and nasal fracture - required molar teeth removed and 3 sets of screws inserted with plate in jaw - below mid-range

Dysfunctional background – alcohol abuse and anger management problems – good prospects of rehabilitation

4y 6m

NPP 2y 6m

SNPP 7 years

Drinking with friends at hotel – argument with another group –respondent (R) joined others in chasing V and friends – R was hit by bottle causing him to continue fighting – stomped and kicked V's head while V unconscious on ground - suffered fractures to both eye sockets, bone between left eye socket and temple, cheekbone and bone in nose - surgery required - mid-range objective seriousness

9y 4m

NPP 6y 6m

SNPP 7 years

Unprovoked assault - struck victim in head with cricket bat followed by two more blows to head when victim lying on ground – arising out of dispute from previous evening – with other companions at time - V suffered severe head injuries – likely to affect planning and short term memory - mid-range objective seriousness.

GBH / GBH

Affray

Sched:

2 x assault

GBH / GBH

Affray

AOABH

Sched:

2 x assault

GBH / GBH

Affray

Sched:

2 x assault

3y

NPP 2y

PD

12m (concurrent)

5y 3m

NPP 2y

Total:

5y 6m

NPP 2y 3m

5y 3m

NPP 2y

12m (concurrent)

SNPP 7 years

Involved in fight at night club – Dixon punched owner and security guard in face – A.Pearce struck two persons in face and neck area with broken bottles – J.Pearce threw and struck several person with broken bottles – stamped on head of person – one person badly injured by bottle thrown by J.Pearce – co-offenders liable by joint criminal enterprise

Unfortunate childhood and drug abuse

6y

NPP 3y 6m

SNPP 7 years

16y male victim approached A concerned about female in A's company – A threw punch at V – struggle commenced – police approached and observed A to bite V's ear - permanent disfigurement to ear - mid range.

Intoxicated at time - alcohol addiction.

GBH / GBH

Assault

Intimidation

Sched:

Assault

5y 11m 12d

NPP 3y 5m 16d

(concurrent sentences)

SNPP 7 years

During argument outside offender's house over debt pushed male victim causing pram to tip over – chased by victim who threw beer bottle – chased victim in car and struck him in head with a baseball bat – pushed female victim causing pram to tip over and baby to strike head – threatened to assault and burn down house of female victim - male victim lost eye and multiple orbital and facial fractures - orbital floor reconstruction and repair of left zygomaxillary orbital complex with multiple plates and screws inserted - suffered substantial ongoing physical and emotional harm.

Mild intellectual disability – significant brain injury – alcohol and drug addiction

6y 6m

NPP 4y

SNPP 7 years

Followed ex-girlfriend and victim in car until opportunity to attack – stabbed victim in torso and side of neck - V sustained deep wound to neck and 2¹/₂ cm wound about 5cm deep to right side of torso - 3 hour operation required – "vicious and unprovoked attack" - below mid-range of objective seriousness although "towards the mid-range."

Intoxicated at time of offence - suffering from major mental illness - depression – suicidal - Good rehabilitation prospects

9y

NPP 7y

SNPP 7y

Stabbing – 3cm wound to V's shoulder - wound not life threatening - mid-range

Suffered from psychotic condition

Failure to reflect finding of special circumstances

3y 9m

NPP 2y 6m

SNPP 7y

Attacked estranged wife with piece of wood outside house – spontaneous offence - breached AVO – victim suffered two lacerations to occipital region of head – 8cm and 10 cm - deep and required suturing - extensive subcutaneous haematoma in occipital region, superficial abrasion on neck, periorbital haematoma, tenderness to spine and both wrists, superficial abrasions to left shoulder, arm and hand, and haematoma on ulna surface - below mid-range, towards lower range

Nepalese - mental health problems following neurosurgery – genuine remorse

GBH / GBH

Larceny

Sched:

Possess cannabis

3y

NPP 2y

PD

$500 fine

SNPP 7y

Altercation with 16y outside high school – upset over break up with girlfriend who had commenced relationship with victim – sustained punching and kicking - element of provocation that victim summoned offender to scene and started fight by throwing his bike at offender – serious facial and eye injuries - effectively blind in one eye - only marginally less than mid-range

Rehabilitation

5y

NPP 3y

SNPP 7y

In company with others, assaulted V (who acted as an immigration agent) over contractual dispute – used knife to stab V in chest area – V received severe laceration to right wrist and superficial wounds to chest, abdomen and forearm - continued to kick and punch V while prostrate and bleeding heavily on floor, - planned offence – committed in company - just within mid-range

Good character.

6y

NPP 3y

SNPP 7 years

Stabbed victim at commencement of melee between two groups of males on street - knife plunged into victim's left flank penetrating through left kidney - required immediate and secondary surgery – reduced functioning in kidney

GBH / GBH

Affray

7y

NPP 4y

(12m concurrent)

SNPP 7 years

Street fight after party between youths – kicked and punched victim and bashed head against bitumen – element of pre-meditation – serious long-term injuries - involved in assault on second victim – intoxicated and responding to earlier racial slur

Strict bail conditions – Aboriginal - remorse – excellent prospects of rehabilitation

8y 3m

NPP 6y

SNPP 7 years

"Road rage" incident – V almost collided with A – V shook his head at A's driving – further along road, A slammed brakes, got out of car and approached V yelling and screaming - verbal argument – V held piece of wood over his head to protect himself – A took knife from car and slashed V's arm and face - deliberate and intentional -.

Probable frontal lobe damage diminishing capacity for self-control

Irrelevant material considered when finding offence above mid-range of objective seriousness - failure to reflect discount for plea of guilty - failure to reflect finding of special circumstances.

6y

NPP 3y

SNPP 7 years

Struck victim on back of head during poker game at hotel – victim running game – upset at being stood out of game for ten minutes – intoxicated – just below mid-range

7y

NPP 3y

Unprovoked attack upon innocent stranger — Victim punched repeatedly to face — prone victim then kicked and stomped on head — suffered traumatic brain injury — permanent cognitive impairment

Affected by alcohol - dysfunctional background – strong subjective features

GBH / GBH

Affray

3y

NPP 2y

SNPP 7 years

Party in street where offender's brother lived caused some disruption – offender and third brother came to house then all left in car – came across three victims who had attended party – offender hit one V to head who fell unconscious to ground – friend of V killed when he ran into oncoming car trying to escape – unplanned –unprovoked vicious attack.

Prior good character – rehabilitation prospects – remorse.

8y

NPP 5y

SNPP 7 years

A arranged for sex worker to attend unoccupied premises - A attacked V from behind with weapon inflicting grievous bodily harm – several blows inflicted – no apparent motive – A in a rage - fled premises leaving V behind – weapon not recovered.

(Muldrock appeal).

6y

NPP 3y 7m 6d

SNPP 7 years

Punched female acquaintance waiting for taxi several times to face – unprovoked and unexpected attack – fractured jaw

Drug abuse

4y

NPP 2y

SNPP 7 years

Assaulted 6w baby on two occasions 7 days apart – caused 14 fractures to legs, ankles, feet and ribs – injuries to arms – haematoma caused by severe shaking

Low intellectual capacity – suffering stress – good prospects of rehabilitation

GBH / GBH

s.86(3)

9y

NPP 6y

FT 4y

Total:

10y

NPP 7y

SNPP 7 years

Leader of group of males who kidnapped victim from home – sustained assault – kicked, punched and choked – offender bit off part of ear

Drug abuse

Wound / GBH

Sched:

Agg Kidnapping

5y 6m

NPP 3y 4m

SNPP 7 years

Invited V to house then detained him – attacked with knife – 3 stab wounds – struck with dumbbell bar and hammer and punched – sought to have V agree to delusional belief that he was talking to offender's girlfriend about killing offender

Suffering mental illness

6y

NPP 3y

SNPP 7 years

Following demands of 41y violent cousin approached female in street, threw accelerant on her and set her alight – serious and long-term burns – acted under duress fearing violence to mother and sister

Genuine remorse – good prospects of rehabilitation - low intelligence and untreated ADHA made him susceptible to duress – assistance against co-offender

7y 6m

NPP 5y

SNPP 7 years

Went to caravan of male acquaintance with intention to rob – became angry during conversation and attacked V with knife – slashed throat and stabbed in leg during struggle

Childhood subjected to ritual and constant physical, sexual and psychological abuse

GBH / GBH

8y 1m

NPP 5y

SNPP 7 years

Pushed female friend, who fell and was knocked unconscious – stomped on V's head and broke terracotta pot on V's head - V suffered significant injuries - appalling savage sustained attack - repeated assaults upon defenceless young woman lying unconscious.

Difficult upbringing.

5y

NPP 3y

SNPP 7 years

Assaulted female partner – punched V to head causing five separate facial fractures – serious injuries.

Remorse – unplanned.

SNPP 7 years

Assaulted older male V - V had been arguing with and assaulting females in families of offenders – offenders came to talk with V – V attacked offenders with stick – offenders responded by attacking V with fence palings that were lying nearby - returned to V and recommenced attack – V unconscious, suffered fractures to head and jawbone requiring surgery – sustained attack – not premeditated.

Each offender of good character – students – from troubled overseas country – rehabilitation

Discretion to dismiss because each offender showed successful rehabilitation in 3 years since offence – Crown position at sentence

Wound / GBH

Breach ADVO

12y 6m

NPP 9y 4m

SNPP 7 years

Stabbed partner twice in stomach – pursued her out of house on to road – sustained and prolonged attack – life threatening although not permanent injuries – context of domestic violence – ADVO related to hitting victim over head with wood, stabbing in both legs and detaining in bedroom – made serious threats – intoxicated - in home of victim

Aboriginal – deprived background –poor health

6y 8m

NPP 3y

SNPP 7 years

Assaulted ex-boyfriend of wife after learning of affair – in company with co-offender in park using baseball bat and kicking victim in head – permanent and significant physical and cognitive injuries -  planned offence – well above mid-range

Born in Iraq – traumatic childhood – some psychiatric conditions