Regina v Mitchell [2000] NSWCCA 103

New South Wales Court of Criminal Appeal

CITATION : Regina v Mitchell [2000] NSWCCA 103 FILE NUMBER(S) : CCA 60719/98 HEARING DATE(S) : 20/03/00 JUDGMENT DATE : 20 March 2000

PARTIES : Regina v Timothy Mervyn Mitchell JUDGMENT OF : Abadee J at 1; James J at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0479 LOWER COURT JUDICIAL Ducker DCJ OFFICER :

COUNSEL : M. C. Marien - Crown Appellant in Person SOLICITORS : S. E. O'Connor - DPP

DECISION : Application for leave to appeal should be refused

IN THE COURT

OF CRIMINAL APPEAL

60719/98

ABADEE J JAMES J

MONDAY 20 March 2000

REGINA v Timothy Mervyn MITCHELL

JUDGMENT

1 ABADEE J: The applicant, who appears in person, seeks leave to appeal against the severity of sentence by Ducker DCJ in the District Court on 4 November 1998. The applicant pleaded guilty to three offences arising out of the same incident that occurred on 27 July 1997. The three offences were that of: assault occasioning actual bodily harm, carrying a maximum penalty of five years penal servitude; assault, carrying a maximum penalty of two years imprisonment; and malicious damage, carrying five years penal servitude as a maximum sentence. 2 In respect of the assault occasioning actual bodily harm, the applicant was sentenced to a minimum term of two years three months and to an additional term of one year six months. In respect of the other two offences, the applicant was sentenced to concurrent fixed terms of eight months. 3 The facts, which his Honour stated as being very disturbing, are not challenged in this application. I take the facts from his Honour's reasons for sentence, they may be summarised as follows (p 35 of the Appeal Book):-