REGINA -v- TOOMALATI [2000] NSWCCA 105

New South Wales Court of Criminal Appeal

CITATION : REGINA -v- TOOMALATI [2000] NSWCCA 105 FILE NUMBER(S) : CCA 60598/99 HEARING DATE(S) : 22/03/00 JUDGMENT DATE : 22 March 2000

PARTIES : REGINA Kaisarina Rosalita TOOMALATI JUDGMENT OF : Dowd J at 1; Powell JA at 35,37; Hulme J at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Ford ADCJ OFFICER :

COUNSEL : Mr Maxwell Q.C. - Crown Mr Hammil - Appellant SOLICITORS : S.E. O'Connor T.A. Murphy CATCHWORDS : crown appeal - malciously inflict grievous bodily harm - inadequacy of sentence LEGISLATION CITED : Crimes Act (NSW) 1900 R v Stokes (1990) 51 A Crim R 25 CASES CITED: R v Day (1998) 100 A Crim R 275 R v Niga (unreported, NSW CCA 13 April 1994) DECISION : Appeal dismissed; Sentence below confirmed

IN THE COURT OF CRIMINAL APPEAL

No. 60598 of 1999 POWELL JA HULME J DOWD J

REGINA -v- Kaisarina Rosalita TOOMALATI

1 DOWD J: This is a crown appeal pursuant to s.5D of the Criminal Appeal Act 1912 ("the Act") against a sentence imposed by Ford ADCJ at Campbelltown District Court on 24 September 1999. 2 On 28 July 1999 an indictment was presented containing one count of maliciously inflict grievous bodily harm with intent to do grievous bodily harm in breach of s.33 of the Crimes Act 1900 ("the Crimes Act"), and an alternative count of maliciously inflict grievous bodily harm in breach of s.35 of the Crimes Act. 3 The respondent pleaded not guilty to the first count but guilty to the alternative count before Moore DCJ on 28 July 1999. The Crown accepted the plea in full discharge and satisfaction of the indictment. 4 On 24 September 1999 the respondent was sentenced by Ford DCJ who deferred passing sentence upon the respondent entering into a recognisance for herself in the sum of $500, on condition that she be of good behaviour for a period of three years and appear at any time in respect of any breach of that recognisance. It was a further condition on the recognisance that she accept the supervision and guidance of the Probation and Parole Service and obey all reasonable directions of the officers of that service particularly to follow recommendations as to counselling with regard to her anger management.