NSW Caselaw
Reported Decision : 155 A Crim R 428
New South Wales Court of Criminal Appeal
CITATION: Regina v Reid [2005] NSWCCA 309
HEARING DATE(S): 23 August 2005
JUDGMENT DATE: 8 September 2005
JUDGMENT OF: Sully J at 1; Hidden J at 30; Hall J at 31
DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed
Crimes Act 1900 (NSW) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1914 (NSW)
R v Way (2004) 60 NSWLR 168 Reg v Dodd (1991) 57 A Crim R 349 CASES CITED: Reg v Reyes [2005] NSWCCA 218 Markarian v The Queen [2005] HCA 25 Reg v Beavan; unreported: NSWCCA 22/9/91
Regina PARTIES: Paul Wayne Reid
FILE NUMBER(S): CCA 2005/495
J. Dwyer - Crown COUNSEL: H. Dhanji - Appellant
S. Kavanagh - Crown SOLICITORS: S. O'Connor - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/41/0049
LOWER COURT JUDICIAL OFFICER: Payne DCJ
- 14 - IN THE COURT OF CRIMINAL APPEAL 2005/495
SULLY J HIDDEN J HALL J
8 September 2005
REGINA v Paul Wayne REID Judgment
SULLY J:
Introduction 1 The applicant, Mr. Reid, pleaded guilty before a Local Court Magistrate to a charge of having maliciously wounded a named victim with intent thereby to do grievous bodily harm to that victim. The applicant was committed accordingly to the District Court for sentence. He stood eventually for sentence on 27 August 2004 before her Honour Judge Payne. Her Honour convicted the appellant, sentenced him to imprisonment for 6 years and 9 months and set a non-parole period of 4 years and 8 months. 2 The offence for which the applicant was thus sentenced contravenes section 33 of the Crimes Act 1900 (NSW). It attracts upon conviction a statutory maximum penalty of imprisonment for 25 years. The offence is nominated as item 4 in the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW), ("the Sentencing Act"); and the term of 7 years is provided as the "standard non-parole period" for item 4. 3 The applicant contends that her Honour, in reasoning to her sentencing decision, "erred by double counting particular aggravating features of the offence".
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