R v Galati [2002] NSWCCA 366

New South Wales Court of Criminal Appeal

CITATION : R v Galati [2002] NSWCCA 366 FILE NUMBER(S) : CCA 60413/02 HEARING DATE(S) : 29 August 2002 JUDGMENT DATE : 4 September 2002

PARTIES : Crown - Appellant Daniel Joseph Galati - Respondent JUDGMENT OF : Handley JA at 1; Simpson J at 2; Bell J at 50

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0447 LOWER COURT JUDICIAL Coorey DCJ OFFICER :

COUNSEL : PJP Power - Crown CJ Watson - Respondent SOLICITORS : SE O'Connor - Crown Roper & Stegall - Respondent CATCHWORDS : Crown appeal - malicious infliction of grievous bodily harm - matters of aggravation - objective gravity of offence - delay on part of the Crown LEGISLATION CITED : Crimes Act 1901 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Hallocoglu (1992) 29 NSWLR 67 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 DECISION : Crown appeal allowed; sentence set aside and in lieu thereof a sentence of a fixed term of imprisonment for three years, to be served by way of periodic detention.

IN THE COURT OF CRIMINAL APPEAL 60413/02

HANDLEY JA SIMPSON J BELL J

4 September 2002 REGINA v Daniel Joseph GALATI Judgment 1 HANDLEY JA: I agree with Simpson J. 2 SIMPSON J: On 6 August 2001 the respondent pleaded guilty to a single charge of malicious infliction of grievous bodily harm (Crimes Act 1901, s35(b)), and asked that two offences of possession of prohibited drugs be taken into account pursuant to Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999. Eight months later, on 26 April 2002, Judge Coorey sentenced the respondent to imprisonment for three years, with a non-parole period of one year, the sentence to be served by way of periodic detention. The maximum sentence available is imprisonment for seven years. 3 The Crown appeals against the sentence, asserting that it is manifestly inadequate.