Regina v Deng Mading DENG [2007] NSWCCA 216

New South Wales Court of Criminal Appeal

CITATION: Regina v Deng Mading DENG [2007] NSWCCA 216

HEARING DATE(S): 27/06/07

JUDGMENT DATE: 2 August 2007

JUDGMENT OF: Mason P at 1; James J at 2; Hislop J at 87

DECISION: Appeal dismissed

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Mulato v Regina [2006] NSWCCA 282 R v AJP (2004) 150 A Crim R 575 R v Birks (1990) 19 NSWLR 677 R v Dickinson [2004] NSWCCA 457 R v Fordham (1997) 98 A Crim R 359 CASES CITED: R v Goodwin (1990) 51 A Crim R 328 R v Macadam-Kellie [2001] NSWCCA 170 R v Maharaj [2004] NSWCCA 387 R v Slack [2004] NSWCCA 128 R v Wall [2002] NSWCCA 42 R v Way (2004) 60 NSWLR 168 R v Wickham [2004] NSWCCA 193

PARTIES: REGINA v Deng Mading DENG

FILE NUMBER(S): CCA 2007/1016 CCAP

COUNSEL: T W Thorpe - Crown D Dalton - Respondent

SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) Solicitor for Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/3159

LOWER COURT JUDICIAL OFFICER: Walmsely DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/1016

MASON P JAMES J HISLOP J

Thursday 2 August 2007 REGINA v Deng Mading DENG Judgment 1 MASON P: I agree with James J. 2 JAMES J: This is an appeal by the Crown pursuant to s 5D of the Criminal Appeal Act against a sentence imposed on the respondent Deng Mading Deng by his Honour judge Walmsley SC in the District Court on 4 April 2007. There had already been hearings of the proceedings on sentence on 13 November 2006 and 30 March 2007. 3 For an offence of malicious wounding with intent to do grievous bodily harm committed on 5 February 2006, to which the respondent had pleaded guilty, Judge Walmsley sentenced the respondent to a non-parole period of imprisonment for two years commencing on 13 April 2007, with a balance of the term of one year, and ordered that the sentence be served by way of periodic detention. The Crown appeal against the sentence imposed on the respondent was instituted on 19 April 2007. 4 Malicious wounding with intent to do grievous bodily harm is an offence under s 33 of the Crimes Act for which the maximum penalty is imprisonment for twenty-five years. Under Div 1A of Pt 4 of the Crimes (Sentencing Procedure) Act there is a standard non-parole period for the offence of seven years.