NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Formosa [2005] NSWCCA 363
HEARING DATE(S): 27 October 2005
JUDGMENT DATE: 27 October 2005
JUDGMENT OF: McClellan CJ at CL at 56, 58; Simpson J at 1; Hoeben J at 57
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: appeal against severity of sentence - maliciously inflicting grievous bodily harm whilst in company - plea of guilty - special circumstances and reduction in non-parole period - favourable subjective circumstances of applicant - subjective factors giving rise to the offence - principles of parity in sentencing co-offenders - co-offender charged with less serius offence - whether parity considerations in sentencing apply to disparities in charging process - whether sentence imposed was manifestly excessive - planned, unprovoked and vicious offence
Crimes Act 1900, s35(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s44(2)
Lowe v The Queen [1984] HCA 46; 154 CLR 606 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Gerald Kerr [2003] NSWCCA 234 CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Ziggy Hauser [1997] NSWCCA, unreported 11 December 1997 The Queen v De Simoni [1981] HCA 31; 147 CLR 383
Crown - Respondent PARTIES: Steven Joseph Formosa - Applicant
FILE NUMBER(S): CCA 2005/1172
PG Ingram - Crown COUNSEL: A Djemal - Applicant
SE O'Connor - Crown SOLICITORS: S Kavanagh - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/1141
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