Dickinson (25) [2004] NSWCCA 457 [2005] NSWCCA 284 | Mal wound / GBH | PG | 2y NPP 1y Suspended | Crown AA FT 2y 2m PD AD | Knife | Nil | SNPP 7 Years Angered by daughter being left alone with ex-partner's new boyfriend - attacked with carving knife – serious injuries Invalid pensioner due to diabetes and a condition causing vomiting – suffered PTSD due to sexual abuse as a child – very protective of daughter as a result – remorseful |
LNT (17) [2005] NSWCCA 307 | Mal wound / GBH | PG (20%) | 7y 6m NPP 5y | AA 7y NPP 4y | Knife | Nil | 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 |
Reid (2005) 155 A Crim R 428 | Mal wound / GBH | PG (25%) | 6y 9m NPP 4y 8m | AD | Knife | | SNPP 7 years Attacked ex-de facto in own home – no provocation – Slashed face with knife and cut thumb - victim sustained laceration to left side of face - wound extended into nasal cavity, both lips and to chin - required surgery. |
Chisari (27) [2006] NSWCCA 19 | GBH / GBH | VG | 2y 8m NPP 14m | Crown AA 5y NPP 2y 6m | Car | Minor | 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. |
Heron [2006] NSWCCA 215 | GBH / GBH | VG | 7y 6m NPP 5y 6m | AA 7y NPP 4y | Glass | AOABH, assault | SNPP 7 years Dispute at hotel party regarding A's behaviour towards victim's son during football match – struggle resulted in glass being struck against victim's face - V suffered gaping wound to face and under throat – no long-term effects - spontaneous attack - below mid-range Professional rugby league player – qualified and committed youth worker widely respected in Aboriginal and wider community – good character – special circumstances |
Mackey (26) [2006] NSWCCA 254 | Mal wound / GBH | VG | 10y 8m NPP 8y | AD | Glass | Mansl x3-breached parole | 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 |
JPW (15) [2006] NSWCCA 294 | Mal inflict GBH w/I prevent apprehension | VG | GBB 3y | Crown AD | Kicking | | SNPP 7 years Friend caught shoplifting – Applicant kicked security guard in head to prevent friend being apprehended - Victim suffered severe facial and cranial injuries resulting in serious post traumatic disorders and substantial disabilities. - not premeditated - below mid-range |
Ghazi [2006] NSWCCA 320 | Mal wound / GBH | PG (20%) | 10y 6m NPP 6y | AA 9y 7m NPP 5y | Knife | Priors – less serious | 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 |
Walker [2006] NSWCCA 347 | Attempt Mal wound / GBH | PG | 3y NPP 18m | AD | Knife | Nil | SNPP 7 years Attacked wife after breakdown of marriage – no actual wounding. Good character. |
Jenkins (19) [2006] NSWCCA 412 | GBH / GBH | VG | 5y NPP 2y 6m | Crown AD | Glass | Nil | 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 |
Pillay (22) (2006) 167 A Crim R 312 | Mal wound / GBH | VG | 9y 4m NPP 7y | AA 8y NPP 5y 6m | Knife | Nil relevant | SNPP 7 years Attacked paraplegic flatmate – threat to kill – forced to write suicide note – choked – cut hand with carving knife - majority of tendons in wrist cut or damaged - desisted and assisted victim – build up of tension - mid-range offence - premeditation |
Vragovic (69) [2007] NSWCCA 46 | GBH / GBH | VG | 12y NPP 8y (partially accumulative on sentence being served for similar offence) | AD | Exhaust pipe and shortened firearm | Maliciously inflict gbh with intent – breached bail for same offence different victim | 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. |
Frigiani (36) [2007] NSWCCA 81 | Mal wound / GBH | PG | 9y NPP 5y 6m | AD | Knife | Breached s.10 bond for assault on wife | SNPP 7 years Stabbed estranged wife 6-7 times in chest and back – spontaneous offence – threats to son – V suffered two large wounds and collapsed lung - Slightly above mid-range Emotional upheaval – contrition – good prospects of rehabilitation |
Matzick (21) [2007] NSWCCA 92 | Mal wound / GBH | PG (25%) | 5y 4m NPP 2y 10m | AD | Knife | Possess proh drug | SNPP 7 years Stabbed shopkeeper twice in neck during struggle. Troubled background - on drugs at time of offence - prospects of rehabilitation guarded. |
Jione [2007] NSWCCA 170 | GBH / GBH | PG (25%) | 8y NPP 5y | Crown AA 12y NPP 8y | Assault | Breach AVO, assault | SNPP 7 years Punched victim numerous times on two occasions while drinking at hotel – Victim reduced to vegetative state - above mid-range and in category of high seriousness |
Deng [2007] NSWCCA 216 | Mal Wound / GBH | PG (20%) | 3y NPP 2y Periodic Detention | Crown AD | Knife | | 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. |
Mitchell (21) Gallagher (20) (2007) 177 A Crim R 94 NSWCCA | GBH / GBH GBH / GBH | PG PG (20% reduced to 15% on appeal) | 8y NPP 4y 5y 2m NPP 2y 6m | Crown AA 12y NPP 7y 9y 4m NPP 5y | Assault | Dangerous driving, Assault, on bond. Nil. | SNPP 7 years M believed he had been sexually assaulted by V when he was 10 years old (fact undetermined at sentence) – under heavy influence of alcohol and drugs, M and G came across V on street – Viciously attacked V, punching and kicking V to the ground - V suffered serious brain injury and reduced to "vegetative state" – confined to wheelchair. |
Kennedy (17) (2008) 181 A Crim R 185 | GBH / GBH | PG (25% - see [52]) | 7y NPP 4y | AA 6y NPP 3y | Assault | Breached AVO | 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 |
Ferrer (24) [2008] NSWCCA 104 | Mal wound /GBH | PG (10%) | 4y NPP 2y | Crown AD | Scissors | Drugs, dishonesty | SNPP 7 years Believed that friend (victim) had stolen A's property – during argument stabbed V with scissors – dispute as to who had produced scissors - no finding by SJ as to whether offender or V had produced scissors - V suffered collapsed lung and required surgery - below mid-range – not premeditated - whilst attack savage, offender had ended it of 'own volition' |
Lombard (2008) 184 A Crim R 565 | Mal wound/GBH | PG (20% - see facts) | 3y NPP 2y Periodic Detention | Crown AD | Knife | | 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 |
Moore (56) [2008] NSWCCA 143 | GBH / GBH | PG (10%) | 9y NPP 6y | AD | Poker | Minor | SNPP 7 years During argument struck wife to head with metal poker – element of provocation where wife first struck offender with poker - V suffered fracture to skull and subsequent haemorrhage - life support in induced coma - severe and permanent brain damage - unable to live independently - mid-range. Genuine remorse |
Thewlis [2008] NSWCCA 176 | GBH / GBH Mal wound/GBH | PG (25%) | Total: 9y NPP 5y | AA Total: 7y NPP 4y | Knife | | 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. |
Fryar (52) [2008] NSWCCA 171 | Mal wound / GBH | VG | 6y 6m NPP 4y | Crown AA 9y NPP 6y | Knife | Driving. No offences of violence. | SNPP 7 years Long-standing animosity between Respondent and victim – R approached victim from behind at club - Stabbed victim in back with downward motion causing 20cm wound - mid-range. |
Speechly (22) [2008] NSWCCA 204 | Mal wound/GBH | VG | 10y 8m NPP 6y | AA 9y NPP 6y | Assault | Possess drugs. | 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. |
Anderson (26) [2008] NSWCCA 211 | Mal wound / GBH | PG (15%) | 7y NPP 3y 9m | AD | Pool cue | Violence | SNPP 7 years At hotel friend of applicant hit him across head with pool cue - applicant further struck victim with another pool cue across head causing laceration to skull – no provocation - mid-range. Aboriginal with longstanding substance abuse |
Quach [2008] NSWCCA 284 | GBH / GBH | VG | 3y NPP 2y | Conviction AD | Foot - single kick | Nil | 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. |
S K (35) [2009] NSWCCA 21 | GBH / GBH | PG | 12y NPP 8y | AD | Push into train | Mid-range PCA | SNPP 7 years Pushed stranger off train platform under oncoming train – catastrophic injuries – V had asked offender not to spit or cough – intoxicated. Protective custody |
Quin (20) [2009] NSWCCA 16 | GBH / GBH | VG | 5y NPP 2y 6m | Crown AA 5y 6m NPP 3y 2m | Assault | Priors including assault – breached conditional liberty | 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 |
Sproates (24) [2009] NSWCCA 29 | GBH / GBH | PG (25%) | 12y NPP 8y | AD | Shooting | Not extensive | SNPP 7 years Verbal altercation in hotel with V – approached V outside hotel and threatened with gun – fired 3 shots hitting V in stomach – severe injuries - bullet entered left abdomen, passed through liver and stomach and lodged near spine in pancreas - required major surgery– carrying gun for self-protection – intoxicated and under influence of ice - upper end of range. Aboriginal with difficult background – drug / alcohol abuse – remorse – voluntarily surrendered to police – reasonable prospects of rehabilitation |
Wright (21) [2009] NSWCCA 3 | Mal wound / GBH | PG (25%) | 4y 6m NPP 2y 6m | Crown AD | Assault | | 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 |
Miria [2009] NSWCCA 68 | GBH / GBH | PG (25%) | 2y suspended sentence | Crown AA 4y NPP 2y | Beer glass | assaults | SNPP 7 years Hit victim in back of head with beer glass at hotel - level of grievous bodily harm not high - lower than mid-range. |
Gersbach (26) [2009] NSWCCA 132 | GBH / GBH | VG | 9y 4m NPP 6y 6m | AD | Cricket bat | Limited - assault, malicious damage | 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. |
Bonett (21) [2009] NSWCCA 135 | Mal Wound / GBH | VG | 8y NPP 5y | Crown AD | Assault | Record for violence – breached PD for sentence imposed on mal wound involving a glassing offence – breached bail | SNPP 7 years Assaulted male in car waiting outside nightclub – kicked in head, punched and struck in face with broken bottle – spontaneous offence – R suffering ADHD and perceived V's comments as provocative - required plastic surgery to face for facial wounds described as "grotesque and serious" - lightly below mid-range Disrupted schooling – alcohol and steroid abuse – genuine remorse – good use of time in custody. |
Dixon (23) A.Pearce (23) J. Pearce (20) [2009] NSWCCA 179 | GBH / GBH Affray Sched: 2 x assault GBH / GBH Affray AOABH Sched: 2 x assault GBH / GBH Affray Sched: 2 x assault | PG | 3y NPP 2y PD 12m (concurrent) 5y 3m NPP 2y Total: 5y 6m NPP 2y 3m 5y 3m NPP 2y 12m (concurrent) | Crown AD Crown AA 6y 3m NPP 3y Total: 6y 6m NPP 2y 3m Crown AA 6y 3m NPP 3y 12m (concurrent) | Bottles | Minor Priors including assault and affray assault | 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 |
Rosenburg [2009] NSWCCA 148 | GBH / GBH | VG | 5y NPP 3y 9m | AD | Metal bar | Significant, including assault | SNPP 7 years Struck male victim a number of times with metal bar following dispute – victim suffered less serious injury than other GBH cases – no surgery was required - offence below mid-range objective seriousness but closer to middle range than bottom range |
Holten [2009] NSWCCA 234 | GBH / GBH | PG (25%) | 6y NPP 3y 6m | AD | | Lengthy including numerous violence offences. | 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. |
Wilkins (44) [2009] NSWCCA 222 | Mal wound / GBH Sched: 3 x malicious damage by fire s195 | PG (15%) | 11y 6m NPP 7y | AA 8y 6m NPP 5y 6m | Hammer | Culpable driving | SNPP 7 years Set fire to car belonging to victim (ex-partner's new boyfriend) parked in garage – upon being seen leaving garage, attacked victim with hammer – numerous blows to victim's head - arson planned but attack on victim spontaneous - V suffered deep lacerations to scalp requiring 30-40 sutures and fractures of sinus and medial wall of the right orbit - offence should have been assessed as below mid-range objective seriousness - only injuries from wounding relevant to assessment of objective seriousness. Depression following breakdown of relationship with partner with whom A had two children. |
Connelly (38) [2009] NSWCCA 293 | GBH / GBH Assault Intimidation Sched: Assault | PG (15%) | 5y 11m 12d NPP 3y 5m 16d (concurrent sentences) | AD | Baseball bat | Minor – breached two bonds | 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 |
Bourke (21) (2010) 199 A Crim R 38 | Mal wound / GBH | PG (15%) | 12y NPP 8y | AD | Pole and axe | AOABH, BES - absent from periodic detention at time of offence purporting to be ill. | SNPP 7 years Attacked victim at party with weapons obtained from home – motive unknown – attack unprovoked and not spontaneous - V suffered serious cuts to head including cut above eye to bone and fractures to fingers – left with restricted movement in fingers - above mid-range towards upper end of range. Suffered from mental disorder – intoxicated at time of incident. |
Binnie (27) [2010] NSWCCA 14 | Mal wound / GBH | PG (25%) | 6y 6m NPP 4y | AA 6y 3y 6m | knife | Nil | 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 |
Rudd (62) [2010] NSWCCA 71 | Mal wound /GBH AOABH | PG (15%) | 3y NPP 2y PD GBB 2y | Crown AD | machete | nil | SNPP 7 years Neighbourhood dispute – A armed with machete (used as a gardening tool) looked for neighbour's dog after it had attacked A's dog – confronted by neighbours - struck female V in back with machete – male victim suffered cut to arm and small cuts to face and foot - relatively minor injuries – A received injuries to face - halfway between low and mid-range. Offence a result of a "brain snap" – intoxicated – stress and aggravation from on-going dispute with neighbours - prior good character – age - employed – financial supporter of family |
Yuksel [2010] NSWCCA 65 | Wound / GBH | VG | 9y NPP 7y | 9y NPP 5y 10m | | | 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 |
Nicholson (44) [2010] NSWCCA 80 | Wound /GBH | PG (15%) | 5y 10m NPP 4y 4m 16d | Crown AD | knife | Lengthy – violence - AR. | SNPP 7y Stabbed girlfriend in chest – spontaneous attack, not planned – lower end of GBH - V suffered 3 stab wounds to chest - lung partly collapsed and bleed into thorax - mental disorder reduced culpability - significantly below mid-range Mental illness - Substance abuse. |
Simkhada (29) [2010] NSWCCA 284 | Wound / GBH | PG (25%) | 3y 9m NPP 2y 6m | AD | Piece of wood | Breached bond for damaging property offence and AVO | 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 |
Woon (74) [2010] NSWCCA 335 | 2 x Wound / GBH | PG | 10y NPP 7y | AD | Scissors | Nil | SNPP 7y Stabbed 71y female repeatedly with large pair of scissors in her home believing she was spreading rumours about him - seven stab wounds to head, two between neck and shoulder and one to abdomen - two wounds were life threatening - also stabbed V's 80y wheel-chair bound husband three times to left shoulder – chest wound life-threatening - prolonged and vicious attack. Out of character. |
Stunden (19) [2011] NSWCCA 8 | GBH / GBH Larceny Sched: Possess cannabis | PG (25%) | 3y NPP 2y PD $500 fine | Crown AA 4y NPP 2y 6m | No weapon | Breached bond for assault and property damage | 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 |
Adams [2011] NSWCCA 47 | Wound / GBH 2 x AOABH | VG | 5y NPP 3y Total: 5y NPP 3y 6m | AA 4y NPP 2y 6m Total: 4y 6m NPP 3y | Baseball bat | | SNPP 7y C in dispute with V (C's ex-husband) over matrimonial home - C asked A and co-offender to eject V from house - . A and co-offender armed with baseball bat and curtain rod struck V – V's finger crushed and received laceration to scalp from blow to head - punched V's girlfriend in face and dragged her through fragments of broken glass, causing cuts and wounds to her legs - no premeditation - injuries at lower end of spectrum - moderately below mid-range Parity ground allowed. |
Chen (49) [2011] NSWCCA 85 | GBH / GBH | PG (15%) | 5y NPP 3y | AD | Knife | Nil | 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. |
SB (18) [2011] NSWCCA 95 | Wound / GBH | VG | 7y NPP 4y | Crown AD | Knife | Nil significant - on bond. | SNPP 7y In company with AI and JB (15y brother) – AI instigated fight with V and friend at train station – V began punching JB - SB stabbed V to arm and twice to chest – V suffered life threatening and permanent injury - permanent nerve damage to legs and some muscle damage around chest - below mid-range - SB acted in excessive defence of JB Youth – rehabilitation. |
Shaba [2011] NSWCCA 154 | Mal wound / GBH | VG | 6y NPP 3y | AA To backdate sentence to take into account PSC | Knife | Breached bail | 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 |
Butler [2012] NSWCCA 23 | Mal wound / GBH Sched: 2 x mal wound | PG | 8y 6m NPP 5y 6m | AD | Locksmith tool around finger | Offence committed 2 days after bond for assault | SNPP 7 years Co-offender assaulted male stranger in street – offender returned to become involved – fitted locksmith tool to finger - unprovoked assault on three victims – inflicted deep lacerations on face of each victim – permanent scarring |
JM (17) [2012] NSWCCA 83 | GBH / GBH Affray | PG (10%) | 7y NPP 4y (12m concurrent) | AA 5y NPP 3y | No weapon | Nil | 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 |
Aitchison [2012] NSWCCA 82 | Wound / GBH | VG | 9y NPP 6y | AA 7y NPP 4 y 6m | Knife | Assault, Mal wound, AOABH, Possess firearm | SNPP 7 years Attended V's home with co-offender – stabbed V under armpit – plan to extract drugs from V – planned offence. Drug and alcohol abuse. (Re-sentenced in accordance with Muldrock). |
Carroll [2012] NSWCCA 118 | Wound / GBH | PG (17.5%) | 8y 3m NPP 6y | AA 6y NPP 4y | Knife | | 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. |
Mendes (22) [2012] NSWCCA 103 | 2 x GBH / GBH Sched: 3 offences | PG (25%) | 10y NPP 7y | AA Same effective sentence | Knife | nil | SNPP 7 years During argument with girlfriend at hotel grabbed her around neck, slapped her, dragged her towards balcony and threatened to throw her off, stabbed her in chest, neck and wrist - chased victim through hotel – stabbed male friend of victim twice in neck and back – continued to assault girlfriend and stabbed her in arm while attempting to stab in neck – under influence of cannabis and methylamphetamine Drug use commenced after sexual abuse as a child by older teenagers – good prospects of rehabilitation – genuine remorse |
Aldous [2012] NSWCCA 153 | Wound / GBH | VG | 6y NPP 3y | AD | Schooner glass | | 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 |
JB (17) [2012] NSWCCA 196 | Wound / GBH | PG (25%) | 5y 3m NPP 3y | AD | No weapon | Significant including assaults | Assaulted another youth in park – punched victim to head 8-10 times – returned to continue assault – intoxicated Difficult childhood – remorse and some evidence of rehabilitation Sentencing judge erred in referring to SNPP |
AM (16) [2012] NSWCCA 203 | GBH / GBH | PG (25%) | 7y NPP 3y | AD | | Nil | 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 |
Bugmy (31) [2012] NSWCCA 223 [2014] NSWCCA 322 | GBH / GBH 2 x s.60A(1) (assault prison officer) | PG (25%) | 6y NPP 4y Total: 6y 3m NPP 4y 3m | Crown AA 7y 6m NPP 5y Total: 7y 9m NPP 5y 3m After High Court appeal matter returned Crown AD (in exercise of discretion) | Pool balls | Lengthy | SNPP 7 years While on remand in prison became angry at visiting hours – threatened prison officer – threw pool balls at two officers – threw pool ball at third officer striking him in eye – loss of site, PTSD and loss of career – spontaneous offence Aboriginal with difficult childhood – mental disorder |
NW Galbraith (27) [2013] NSWSC 284 Harrison J | GBH / GBH Affray | VG | 3y NPP 2y | | | Nil | 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. |
Duncombe (21) [2013] NSWCCA 271 | GBH / GBH Sched: Affray | PG (10%) | 8y NPP 5y | AD | Sledge-hammer | AOABH, damage property, BES. On parole. | SNPP 7 years Hit V on back and to head and face with sledgehammer – altercation between neighbours – large group of persons confronting one another – V suffered fractures and injuries confining him to hospital for 9 days. Drug use – limited intellectual capacity (Muldrock appeal). |
Dulihanty (42) [2013] NSWCCA 275 | Wound / GBH | VG | 8y NPP 5y | AD | | Nil | 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). |
Ramea [2013] NSWCCA 310 | Wound / GBH | PG (25%) | 9y NPP 6y | AD | Glass | Priors – breached conditional liberty | SNPP 7 years Unprovoked attack by passenger on taxi driver using glass – spontaneous but sustained assault – could not pay fare – slightly above mid-range Remorse – good prospects of rehabilitation |
Tuuta (19) [2014] NSWCCA 40 | GBH / GBH | VG | 6y NPP 3y 7m 6d | Crown AA 6y 8m NPP 5y | Fist | Breached parole for similar offence – record for violence | SNPP 7 years Punched female acquaintance waiting for taxi several times to face – unprovoked and unexpected attack – fractured jaw Drug abuse |
Elturk (40) [2014] NSWCCA 61 | Wound / GBH Stealing | PG (20%) | 8y NPP 4y | AA 6y 6m NPP 3y 6m | Knife | Not excessive | SNPP 7 years Stole knife from shop – approached father watching TV from behind and drew knife across neck causing serious wound Suffering lengthy history of major mental illness – SJ erred in not taking into account mental illness in assessing moral culpability |
Lolesio [2014] NSWCCA 219 | 2 x GBH / GBH | VG | 4y NPP 2y | Crown AA 7y NPP 4y | Assault | juvenile | 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 |
Dacey (27) [2014] NSWSC 1452 RA Hulme J | GBH / GBH | VG at murder trial | 7y NPP 5y | | Knife | Lengthy | SNPP 7 years Stabbed V during argument over drugs and money – V died a few days later – in company of A's brother – barely knew V - spontaneous offence - objective seriousness slightly below mid-range. Institutionalised – drug addiction – low prospects rehabilitation. |
De Wet [2015] NSWCCA 23 | GBH / GBH s.86(3) | PG (10%) | 9y NPP 6y FT 4y Total: 10y NPP 7y | AD | Assault | Lengthy – including violence | 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 |
Porter (21) [2015] NSWCCA 59 | Wound / GBH Sched: 2 offences | PG (25%) | 5y NPP 3y | AD | Machete | nil | SNPP 7 years Attacked V male with machete striking V's left arm – came to V's home late at night – attack due to animosity between A and V's son. Aboriginal – disturbed upbringing |
McVittie (33) [2015] NSWCCA 92 | Wound / GBH Sched: Agg Kidnapping | PG (25%) | 5y 6m NPP 3y 4m | AD | Knife | Lesser assault offences | 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 |
Newman (21) [2015] NSWCCA 270 | Wound / GBH | VG | 6y 6m NPP 3y 6m | AA 4y NPP 2y 2m | | destroy or damage property, enter enclosed land | SNPP 7 years Argument with acquaintance believing he had stolen money from A's girlfriend – hit V over head with metal pole – V in a mobility scooter – both had been consuming alcohol – V suffered swelling and laceration requiring 5 sutures – (on appeal) offence at low end of seriousness Dysfunctional upbringing - borderline intellectual deficiency. |
MF (17) [2015] NSWCCA 283 | GBH / GBH | PG (15% + 30% for assist) | 6y NPP 3y | Crown AD | Accelerant and lighter | Lesser offences | 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 |
Turner [2015] NSWCCA 322 | Wound / GBH | VG | 7y 3m NPP 5y | AD | Glass | Not indicated. | SNPP 7 years Glassing – A struck V in face with glass – A and V resided in same men's hostel. Full facts not indicated. |
Kiernan (32) [2016] NSWCCA 12 | Wound / GBH | PG (25%) | 7y 6m NPP 5y | AD | knife | Poor record - violence | 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 |
Bajouri (30) [2016] NSWCCA 20 | GBH / GBH Common assault | PG (10%) | 8y NPP 5y 3m concurrent | AD | | Violence offences | SNPP 7 years Punched V in face – while V lying on ground stomped on V's face – V suffered fractured facial bones - required internal fixation with plate and screw which will remain in place permanently Ex-professional footballer – involved in car accident which ruined his career – alcohol abuse, depression |
Wainwright (32) [2016] NSWCCA 19 | GBH / GBH | PG (10%) | 8y 1m NPP 5y | AD | | Malicious wounding | 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. |
Kennedy (18) [2016] NSWCCA 123 | Wound / GBH | PG (10%) | 6y 6m NPP 3y 6m | AD | Knife | Assault, damage property. On bond. | SNPP 7 years A and 15y V known to each other - V and four younger friends went to A's home at night, taunting and challenging him to come outside – A came out with knife with 10cm blade - punched V in eye, splitting his eyebrow - V walked away, A chased him and hit V again before stabbing him in arm and lower side of chest – "upper mid-range" Substantial disadvantage - bullied at school –mental health issues. |
Ngatamariki [2016] NSWCCA 155 | GBH / GBH | VG | 5y NPP 3y | AD | | AOABH (same victim) | SNPP 7 years Assaulted female partner – punched V to head causing five separate facial fractures – serious injuries. Remorse – unplanned. |
Campbell [2016] NSWCCA 170 | GBH / GBH | PG (10%) | 7y 2m NPP 5y | AD | | | SNPP 7 years Assaulted male V at hotel whilst out drinking – acquainted with each other through Thai boxing – struck V to face using elbow with great force - used Thai boxing technique – punched V while V lying on ground – no provocation by V. Alcohol issues. |
Dong, M (21) Marial (19) Dong, A (19) Mathiang (20) [2016] CCA 195 | GBH / GBH | PG (10%) | 2y suspended - enter GBB 2y. | Crown AD (exercise of discretion) | Fence palings | Nil | 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 |
Lulham (40) [2016] NSWCCA 287 | Wound / GBH | PG (25%) | 2y NPP 1m 13d | Crown AD (exercise of discretion) | Hammer | Juvenile | SNPP 7 years Lived with friend and her mother for many years – became angry at husband of mother upon discovering he had been mistreating mother and sexually assaulting friend – smashed property and car of V with hammer – hit V twice on head with hammer – developing tension in household – degree of planning – injuries not serious After difficult childhood and period of homelessness came to live with female friend and her mother at 18y – developed protective feelings towards friend and her mother – anger management problems – accepted responsibility and genuine contrition – discretion to dismiss based on expiry of NPP and evidence of rehabilitation |
Drew [2016] NSWCCA 310 | Wound / GBH Breach ADVO | PG (10%) | 12y 6m NPP 9y 4m | AD | Knife | Includes 35y of violence including domestic abuse of several partners | 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 |
Vaiusu (25) [2017] NSWCCA 71 | Wound / GBH | PG (25%) | 2y 3m NPP 1y 2m | AD | Broken glass. | Nil. Driving offences only. | SNPP 7 years Female offender – male victim married to A's sister – stabbed V in neck three times with glass from broken beer bottle – mistakenly thought that V had purposely hit A's sister - below mid-range objective seriousness. Suffering major depressive order at time of offending - remorse – forgiven by V and A's sister – good rehabilitation prospects. |
AB (20) [2017] NSWCCA 88 | GBH / GBH | PG (20% - 25% assist) | 6y 8m NPP 3y | Crown AA 6y 8m NPP 4y 4m | Baseball bat – kicking | Breach bond for affray – other minor offences | 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 |