R v Stebbings [2001] NSWCCA 262

New South Wales Court of Criminal Appeal

CITATION : R v Stebbings [2001] NSWCCA 262 FILE NUMBER(S) : CCA 60596/00 HEARING DATE(S) : 02/07/01 JUDGMENT DATE : 2 July 2001

PARTIES : Regina v Brett John Stebbings JUDGMENT OF : Adams J at 24; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0186 LOWER COURT JUDICIAL District Court OFFICER :

COUNSEL : (A) P Strickland (C) L M B Lampratti SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - excessive sentence for assault occasioning actual bodily harm - need for proportionality LEGISLATION CITED : Nil CASES CITED: Thomson & Houlton 49 NSWLR 383 DECISION : Leave to appeal granted - Appeal allowed - Sentence imposed quashed - in lieu applicant sentenced to imprisonment for a period of two years six months to commence on 10 April 2000 and to expire on 9 October 2002 with a non-parole period of 15 months to commence on 10 April 2000 and to expire on 9 July 2001 - the applicant is to be released omn parole on the expiry of his non-parole period.

IN THE COURT OF CRIMINAL APPEAL

60596/00 ADAMS J SMART AJ Monday, 2 July 2001

REGINA v BRETT JOHN STEBBINGS JUDGMENT

1 SMART AJ : Brett John Stebbings seeks leave to appeal from the District Court against the severity of a sentence of imprisonment of 4 years with a non-parole period of 2 years for the offence of assault occasioning actual bodily harm. The applicant pleaded guilty to this offence. He was acquitted by a jury of the more serious offence of malicious wounding of his de facto wife. The sentence commenced on 10 April 2000.