R v Hampton [1999] NSWCCA 341

New South Wales Court of Criminal Appeal CITATION : R v Hampton [1999] NSWCCA 341 FILE NUMBER(S) : CCA 60013/99 HEARING DATE(S) : 25 October 1999 JUDGMENT DATE : 25 October 1999

PARTIES : Regina Julie Ann Hampton JUDGMENT OF : Stein JA at 1,21,26; Hulme J at 2,25; Greg James J at 23

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Latham DCJ

COUNSEL : R A Hulme -Crown P M Skinner - Appellant SOLICITORS : S E O'Connor - Crown T A Murphy - Appellant CATCHWORDS : DECISION : Application for leave to appeal refused.

- 12 - IN THE COURT OF CRIMINAL APPEAL No: 60013/99 STEIN JA HULME J GREG JAMES Monday 25 October 1999 REGINA v Julie Ann HAMPTON JUDGMENT 1 STEIN JA: The Court is in a position to give judgment in this matter. I would ask Justice Hulme to give the first judgment of the Court. 2 HULME J: On 23 October 1998 her Honour Judge Latham sentenced this applicant for leave to appeal, on one count to a minimum term of two years, three months penal servitude dating from 26 February 1998, and an additional term of nine months, and in respect of a second count on the indictment before her Honour, to a fixed term of penal servitude for one year from 26 February 1998. 3 The charges against the applicant were of assault occasioning actual bodily harm. Apart from those two charges, her Honour was asked to take into account one further charge of a similar nature and one of common assault. 4 The circumstances of the offence and offender, and the approach which her Honour said she was taking, appear with commendable brevity and clarity from her Honour's remarks, which were as follows:- "Julie Ann Hampton pleaded guilty before me on 17 August 1998 to two counts of assault occasioning actual bodily harm and has requested that a further two matters be taken into account on a Form 2.