NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GHAZI v R [2006] NSWCCA 320
HEARING DATE(S): 9/8/2006
JUDGMENT DATE: 10 October 2006
JUDGMENT OF: Tobias JA at 1; Howie J at 2; Rothman J at 8
DECISION: a Leave to appeal be granted; b The sentence imposed on the applicant by his Honour Judge Delaney on 7 June 2005 be quashed; c For the offence of maliciously wound with intent to do grievous bodily harm contrary to s.33 of the Crimes Act 1900 (NSW), committed on 15 December 2003, the applicant be sentenced to imprisonment for a non-parole period of 5 years to commence on 16 December 2003 and expire on 15 December 2008, with a balance of sentence of 4 years and 7 months to commence on 16 December 2008 and expire on 15 July 2013. The earliest date the applicant would be eligible for release is 15 December 2008.
CATCHWORDS: CRIMINAL LAW - CRIMINAL APPEALS - sentence appeal - wounding with intent to murder - malicious wounding - malicious infliction of grievous bodily harm - proper method or use of standard non-parole period - use of special circumstances - principles of sentencing misapplied - manifest error - misuse of prior convictions
Crimes Act 1900 (NSW) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW)
AJP v The Queen (2004) 150 A Crim R 575 CASES CITED: R v Moffitt (1990) 20 NSWLR 114 R v Veen (No. 2) (1998) 164 CLR 465 R v Way (2004) 60 NSWLR 168
PARTIES: Mohammed Ghazi Regina
FILE NUMBER(S): CCA 2006/1273
COUNSEL: J Manuell (A) D M L Woodburne (R)
SOLICITORS: J Pearson - LAC (A) S Kavanagh - Public Prosecutions (R)
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