Regina v Joseph Brian DICKINSON [2004] NSWCCA 457

New South Wales Court of Criminal Appeal

CITATION : Regina v Joseph Brian DICKINSON [2004] NSWCCA 457 HEARING DATE(S) : 16 December 2004 JUDGMENT DATE : 16 December 2004

JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 2; Barr J at 3 DECISION : Appeal allowed and sentence quashed. Respondent sentenced to a fixed term of imprisonment of 2 years and 2 months, to be served as periodic detention.

PARTIES : Regina v Joseph Brian DICKINSON FILE NUMBER(S) : CCA 2004/2361 COUNSEL : D Howard SC H Dhanji SOLICITORS : S Kavanagh Legal Aid Commission

LOWER COURT District Court JURISDICTION : LOWER COURT 04/31/0005 FILE NUMBER(S) : LOWER COURT Armitage QC DCJ JUDICIAL OFFICER :

- 3 - IN THE COURT OF CRIMINAL APPEAL WOOD CJ AT CL SIMPSON J BARR J

16 DECEMBER 2004 REGINA v JOSEPH BRIAN DICKINSON Judgment

1 WOOD CJ at CL: I will ask Barr J to deal with the matter. 2 BARR J: This is an appeal by the Crown against what is said to be the inadequacy of a sentence imposed upon the respondent Joseph Brian Dickinson in the District Court. The respondent was committed for trial on a charge of wounding with intent to murder and on the day of his arraignment, following negotiations that had taken place between the two sides, he pleaded not guilty to that charge but guilty of an offence charged in the alternative, namely malicious wounding with intent to do grievous bodily harm. The Crown accepted his plea in discharge of the indictment.

3 The offender was in a relationship with a young woman called Amanda Downey. The relationship continued on and off for about four years before it ended in about January 2003. A daughter was born of the relationship. She was about one year ten months of age at the time of the events giving rise to the charge. The offender was very fond of her and had frequent access to her including, it appears, daily access by telephone.