R v Henness [2004] NSWCCA 50

New South Wales Court of Criminal Appeal

CITATION : R v Henness [2004] NSWCCA 50 HEARING DATE(S) : 9 February 2004 JUDGMENT DATE : 9 February 2004

JUDGMENT OF : Sully J at 1, 34, 36; James J at 2; Hulme J at 35 DECISION : Leave to appeal granted - appeal allowed

CATCHWORDS : Criminal Law - sentence appeal - maliciously inflicting grievous bodily harm with intent to do grievous bodily harm LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act PARTIES : R v Marc Henness FILE NUMBER(S) : CCA 60353/03 COUNSEL : W Baffsky - Applicant G Rowling - Crown SOLICITORS : A Mijovich - Applicant CK Smith - Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/0308 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60353/03

SULLY J JAMESJ HULME J

Monday 9 February 2004 REGINA v MARC HENNESS Judgment

1 SULLY J : We have come to a view about this matter. Mr Justice James will deliver the first judgment. 2 JAMES J : Marc Henness has applied for leave to appeal against a sentence imposed on him in the District Court on 12 December 2002 by his Honour Judge Nield after a jury had found the applicant guilty of one count of maliciously inflicting grievous bodily harm with intent to do grievous bodily harm.

3 His Honour imposed a sentence of a term of imprisonment of eight years, commencing on 14 June 2002, with a non-parole period of six years. The 14 June 2002 was the date on which the jury had returned its verdict of guilty at the trial. The applicant had been released on bail two days after he was arrested and he had remained at liberty on bail until the jury returned its verdict. 4 Maliciously inflicting grievous bodily harm with intent to do grievous bodily harm is an offence under s 33 of the Crimes Act for which the maximum penalty is imprisonment for twenty-five years. 5 The following brief statement of the facts of the offence is derived from his Honour's statement of the facts of the offence in his remarks on sentence, which was not the subject of any criticism on this application.