NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Toko [2022] NSWDC 39 Hearing dates: 25 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 75 - 77 Catchwords: Sentencing – offence of recklessly causing grevious bodily harm – single punch to victim's head by intoxicated offender – offender considered himself as rival to victim for a young woman's affections – punch thrown at a party at mutual friend's home Legislation Cited: Crimes Act 1900 (NSW) s 35 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 33, 21A Cases Cited: Bugmy v R (2013) 302 ALR 192 McCullough v R (2009) 194 A Crim R 439 Muldrock v The Queen (2011) 244 CLR 120 Pattalis v R [2013] NSWCCA 171 R v Bird-Walton (A pseudonym)(no 2) [2021] NSWDC 23 R v Channells (unreported, 20/9/97, NSWCCA R v Fernando (1992) 76 A Crim R 58 R v Loveridge [2014] NSWCCA at [103] R v Rosamond [2019] NSWDC 827 Stevens v R [2017] NSWCCA 216 Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions NSW Mr R Toko (Offender) Representation: Solicitors: Mr T Dwyer for the prosecution Mr D Gibbons for the offender File Number(s): 2021/00104323 Publication restriction: Nil
EX TEMPORE Sentencing REMARKS
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