NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Matzick v R [2007] NSWCCA 92
HEARING DATE(S): 28 March 2007
JUDGMENT DATE: 2 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 42; Hislop J at 43
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application to appeal against severity of sentence - malicious wounding with intent to inflict grievous bodily harm - use of knife - plea of guilty - subjective circumstances - finding of special circumstances - drugs - rehabilitation - attack unprovoked, uncalled for and unjustified - psychiatric and psychological reports - personality disorder - drug induced hallucinosis - finding of no obvious mental disability - no miscarriage of justice resulting from conduct of sentencing hearing by applicant's legal representatives - documents provided by applicant and her mother - not tendered - applicant and mother gave oral evidence - no miscarriage of justice
Crimes Act 1900 s33 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, Part 4, Division 1A, s44(2) Evidence Act 1995 s4(2)
R v Birks (1990) 19 NSWLR 677 CASES CITED: R v Engert (1995) 84 A Crim R 67 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
PARTIES: Amber Matzick - Appellant Crown - Respondent
FILE NUMBER(S): CCA 2006/2823
COUNSEL: J Dwyer - Crown
SOLICITORS: Applicant in person S Kavanagh - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0692
LOWER COURT JUDICIAL OFFICER: McGuire DCJ
LOWER COURT DATE OF DECISION: 31 March 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2823
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