NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Otway [2005] NSWCCA 352
HEARING DATE(S): 17 October 2005
JUDGMENT DATE: 19 October 2005
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Johnson J at 20
DECISION: (i) leave to appeal granted; (ii) appeal upheld; (iii) non-parole period quashed and in substitution therefore a non-parole period imposed commencing on 26 May 2004 and expiring on 19 October 2005; (iv) whilst on parole applicant to be subject to the supervison of the Probation and Parole Service
CATCHWORDS: Criminal law - appeal against severity of sentence - maliciously inflicting grievous bodily harm - discount for plea of guilty - special circumstances - pre-sentence report not tendered in evidence - significant error of fact. - prospects for rehabilitation
Crimes Act 1900, s35(1)(b) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s44
CASES CITED: Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 (see para 13)
Crown - Respondent PARTIES: Applicant - Allan William Otway
FILE NUMBER(S): CCA 2005/1648
Crown - Ms J Dwyer COUNSEL: Applicant - Ms J Manuell
Crown - S Kavanagh SOLICITORS: Applicant - S O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/1182
LOWER COURT JUDICIAL OFFICER: English DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1648
McCLELLAN CJ at CL ADAMS J JOHNSON J
19 OCTOBER 2005
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate