Regina v BUDDLE [2005] NSWCCA 82

New South Wales Court of Criminal Appeal

CITATION: Regina v BUDDLE [2005] NSWCCA 82

HEARING DATE(S): 25 February 2005

JUDGMENT DATE: 25 February 2005

JUDGMENT OF: Spigelman CJ at 22, 24; Wood CJ at CL at 1; Barr J at 23

DECISION: 1.Leave to appeal against sentence granted; 2.Appeal allowed; 3.Sentence quashed and in lieu, the applicant be sentenced to imprisonment for 5 years to commence on 21 November 2003, with a non-parole period of 3 years also to commence on 21 November 2003 and to expire on 20 November 2006 which date would be his earliest parole release eligibility date.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - plea of guilty - maliciously inflict grievous bodily harm with intent to do grievous bodily harm - assault occasioning actual bodily harm on a Form 1 - provocation - whether sentence manifestly excessive - whether sentencing judge erred in assessment of the objective criminality involved - whether sentencing judge paid sufficient regard to subjective circumstances

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 21A

Attorney General's Application under Section 37 of the Crimes (Sentencing Procedure) Act 1999 [2002] NSWCCA 518 R v Watt NSWCCA 2 April 1997 CASES CITED: R v Wikki NSWCCA 13 September 1993 Veen v The Queen (No 2) (1988) 164 CLR 465

Regina PARTIES: Thomas John BUDDLE

FILE NUMBER(S): CCA 2004/2683

P Barrett (Crown) COUNSEL: A Francis (Applicant)

S Kavanagh SOLICITORS: S E O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/1126

LOWER COURT JUDICIAL OFFICER: Berman DCJ