Regina v Shane Michael Franklin [2005] NSWCCA 24

New South Wales Court of Criminal Appeal

CITATION: Regina v Shane Michael Franklin [2005] NSWCCA 24

HEARING DATE(S): 4 February 2005

JUDGMENT DATE: 4 February 2005

JUDGMENT OF: Dunford J at 1,41; Bell J at 40

DECISION: Leave to appeal granted, appeal dismissed

CATCHWORDS: Criminal Law - sentencing - maliciously inflict grievous bodily harm - discount for utilitarian value of plea of guilty

LEGISLATION CITED: Crimes Act 1900

R v Lynn [2004] NSWCCA 222 R v Mako [2004] NSWCCA 90 CASES CITED: R v Sutton [2004] NSWCCA 225 R v Thomson (2000) 49 NSWLR 383

PARTIES: Regina v Shane Michael Franklin

FILE NUMBER(S): CCA 2004/2536

P Byrnes SC - Applicant COUNSEL: B Knox SC - Respondent

Byrnes Lawyers - Applicant SOLICITORS: S Kavanagh - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/31/0320

LOWER COURT JUDICIAL OFFICER: Garling DCJ

- 4 - IN THE COURT OF CRIMINAL APPEAL 2536/04

DUNFORD J BELL J

FRIDAY 4 FEBRUARY 2005 REGINA v SHANE MICHAEL FRANKLIN Judgment 1 DUNFORD J: This is an application by Shane Michael Franklin for leave to appeal against the sentence imposed on him by his Honour Judge Garling in the District Court at Port Macquarie on 19 March 2004 following the applicant's plea of guilty to one count of maliciously inflict grievous bodily harm on the victim, Neil Glover, at Laurieton on Anzac Day 25 April 2002. The maximum penalty for the offence prescribed by s 35(1)B of the Crimes Act 1900 is seven years imprisonment.