Smith v Regina [2007] NSWCCA 135

New South Wales Court of Criminal Appeal

CITATION: Smith v Regina [2007] NSWCCA 135 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14/05/07

JUDGMENT DATE: 14 May 2007

JUDGMENT OF: McClellan AJA at 12, 14; Hidden J at 1; Price J at 13

EX TEMPORE JUDGMENT DATE: 14 May 2007

DECISION: Leave granted, appeal allowed: applicant sentenced to 14 months imprisonment, comprising a non-parole period of 8 months to date from 3 November 2006 and a balance of term of 6 months. Applicant to be released on parole on 2 July 2007.

CATCHWORDS: CRIMINAL LAW: Sentence - common assault - applicant assaulted disabled woman under his care - whether sentence manifestly excessive

LEGISLATION CITED: Crimes Act 1900

PARTIES: Geoffrey Paul Smith (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2007/659

COUNSEL: C Davenport SC (applicant) R Herps (respondent)

SOLICITORS: S O'Connor - Legal Aid Commission (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0327

LOWER COURT JUDICIAL OFFICER: Sweeney DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/659

McCLELLAN CJ at CL HIDDEN J PRICE J

14 May 2007 Geoffrey Smith v Regina Judgment

1 HIDDEN J: The applicant, Geoffrey Smith, seeks leave to appeal against a sentence passed on him in the District Court for a charge of common assault. He was sentenced to imprisonment for 18 months, comprising a non parole period of 13 and a half months commencing on 3 November 2006, and a balance of term of four and a half months. The offence, under S61 of the Crimes Act, carries a maximum sentence of two years imprisonment.