R v Koomson [2001] NSWCCA 176

New South Wales Court of Criminal Appeal

CITATION : R v Koomson [2001] NSWCCA 176 FILE NUMBER(S) : CCA 60736/99 HEARING DATE(S) : 9.5.01 JUDGMENT DATE : 9 May 2001

PARTIES : Regina Otis Koomson JUDGMENT OF : Carruthers AJ at 1; Badgery-Parker AJ at 26

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0490 LOWER COURT JUDICIAL W D Hosking DCJ OFFICER :

COUNSEL : L M B Lamprati (Crown) D N Stewart (Applicant) SOLICITORS : S E O'Connor (Crown) Ross Hill & Associates (Applicant) CATCHWORDS : Sentencing - Appeal against severity - malicious wounding with intent to inflict grievous bodily harm - Whether judge gave sufficient weight to appellant's depressive condition. LEGISLATION CITED : Crimes Act 1900 R v Anderson [1985] VR 155 R v Bus (Unreported, NSWCCA 3 November 1995) CASES CITED: R v Engert (1995) R v Fahda [1999] NSWCCA 267 R v Scognamiglio (1991) 56 A Crim R 86 R v Wright (1997) 93 A Crim R 48 DECISION : Leave to appeal granted. Appeal dismissed.

- 10 -1 CARRUTHERS AJ: Otis Koomson seeks leave to appeal against a sentence imposed upon him by his Honour Judge WD Hosking QC at the Parramatta District Court on 26 November 1999. The applicant had earlier pleaded guilty to one count of malicious wounding with intent to inflict grievous bodily harm pursuant to s 33 of the Crimes Act 1900, as amended. This offence carries a maximum penalty of imprisonment for 25 years. His Honour sentenced the applicant to a minimum term of four years penal servitude, to commence on 20 January 1999 and to expire on 19 January 2003, and imposed an additional term of three years to commence on 20 January 2003 and to expire on 19 January 2006.