R v Scott [2003] NSWCCA 286

New South Wales Court of Criminal Appeal

CITATION : R v Scott [2003] NSWCCA 286 HEARING DATE(S) : 03/10/2003 JUDGMENT DATE : 7 October 2003

JUDGMENT OF : Tobias JA at 1; Howie J at 2; Shaw J at 33 DECISION : Application for leave to appeal is granted but the appeal is dismissed.

CATCHWORDS : Criminal Law and Procedure - Appropriate discount for the plea and contrition LEGISLATION CITED : Crimes Act 1900 - ss 27, 33, 61 Criminal Appeal Act 1912 - s 6(3) R v Thomson and Houlton (2000) 49 NSWLR 383 CASES CITED : R v Sharma (2002) 54 NSWLR 300 R v Dib [2003] NSWCCA 117 PARTIES : Regina v Peter Leslie Scott FILE NUMBER(S) : CCA 60157/03 COUNSEL : P. Miller - Crown E. Fullerton SC - Applicant SOLICITORS : C.K. Smith - Crown D. Giddy of Giddy & Crittenden - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0432; 02/11/0433 FILE NUMBER(S) : LOWER COURT Keleman DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60157/2003

TOBIAS JA HOWIE J SHAW J

TUESDAY 7 OCTOBER 2003 R v Peter Leslie SCOTT Judgment 1 TOBIAS JA: I agree with Howie J. 2 HOWIE J: On 19 July 2002 the applicant was arraigned in the District Court on an indictment containing two counts; the first count alleging an offence of causing grievous bodily harm with intent to murder contrary to s 27 of the Crimes Act, and the second count as an alternative to the first alleging and offence of wounding with intent to do grievous bodily harm contrary to s 33 of the Act. The applicant pleaded not guilty to the first count but guilty to the second count. The Crown accepted that plea in full satisfaction of the indictment. The maximum penalty prescribed for an offence contrary to s 33 is 25 years imprisonment. 3 In addition the applicant had been committed to the District Court for sentence on two charges of assault contrary to s 61 of the Crimes Act. The maximum penalty prescribed for an offence under that section is 2 years imprisonment. 4 On 18 October 2002 Judge Keleman sentenced the applicant for the offence under s 33 to imprisonment for 7 years that sentence to commence on 4 October 2002 with a non-parole period of four years to expire on 3 October 2006. In respect of each of the offences of assault the applicant was sentenced to a fixed term of six months imprisonment, each sentence to commence on 4 October 2002 and expired on 3 April 2003. 5 The applicant now seeks leave to appeal against the sentence imposed for the s 33 offence. There is a single ground of appeal which is as follows: