NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Heron v Regina [2006] NSWCCA 215
HEARING DATE(S): 14/07/2006
JUDGMENT DATE: 26 July 2006
JUDGMENT OF: Mason P at 1; Kirby J at 2; Hoeben J at 3
DECISION: Leave to appeal granted; Sentence passed by Ducker ADCJ on 4 March 2005 is quashed; Applicant re-sentenced.
CATCHWORDS: Sentence Appeal - maliciously inflict grievous bodily harm with intent to do grievous bodily harm contrary to s33 of Crimes Act 1900 - finding of special circumstances and ratio between head sentence and non-parole period - whether offence was in mid-range of seriousness for offences of that kind for purposes of standard non-parole period - aggravating features section 21A(2)(d) and (g) Crimes (Sentencing Procedure) Act.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Channon v The Queen (1978) 33 FLR 433 R v Engert (1995) 84 A Crim R 67 R v Moffitt (1990) 20 NSWLR 114 CASES CITED: R v P [2004] NSWCCA 218 R v Simpson (2001) 53 NSWLR 704 R v Way (2004) 60 NSWLR 168 Veen v R (No 2) (1988) 164 CLR 465
PARTIES: Cecil Arnold Heron - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/620
COUNSEL: C Nash and D Kang - Applicant J A Girdham - Crown
SOLICITORS: Teakle Ormsby Conn - Applicant S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/51/0052
LOWER COURT JUDICIAL OFFICER: Ducker ADCJ
LOWER COURT DATE OF DECISION: 04/032005
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