NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Chisari [2006] NSWCCA 19
HEARING DATE(S): 6 February 2006
JUDGMENT DATE: 23 February 2006
JUDGMENT OF: Beazley JA at 1; Simpson J at 2; Rothman J at 42
DECISION: (i) Crown appeal allowed; sentence imposed in the District Court be quashed; (ii) in lieu thereof the respondent be sentenced to imprisonment with a non-parole period of two and a half years to commence on 19 March 2005 and expire on 18 September 2007, with a balance of term of two and a half years to commence on 19 September 2007 and expire on 18 March 2010.
CATCHWORDS: Crown appeal - conviction by jury - maliciously inflicting grievous bodily harm with intent to do so - whether sentence manifestly inadequate - aggravating factors - victim a police officer - whether previous convictions amount to an aggravating circumstance - whether disregard to public safety an aggravating feature - whether actual use of a weapon is an essential element of offence - subjective circumstances - evaluation of objective seriousness of offence
LEGISLATION CITED: Crimes Act 1900, s33 Crimes (Sentencing Procedure) Act 1999, s21A(2), s44(2), s54B
House v The King [1936] HCA 40; 55 CLR 499 CASES CITED: R v Way [2004] NSWCCA 131; 60 NSWLR 168 Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465
PARTIES: Crown - Appellant Steven Chisari - Respondent
FILE NUMBER(S): CCA 2005/1591
COUNSEL: G Rowling - Crown A Francis - Respondent
SOLICITORS: S Kavanagh - Crown S O'Connor - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/007
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