NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rushby v R [2006] NSWCCA 25
HEARING DATE(S): 6 February 2006
JUDGMENT DATE: 28 February 2006
JUDGMENT OF: Beazley JA at 1; Simpson J at 2; Rothman J at 38
DECISION: (i) application for leave to appeal granted; (ii) appeal in respect of the sentence imposed on the offence of malicious wounding allowed to the extent that the sentence is specified to commence on 17 April 2004. The non-parole period would expire on 16 April 2007 and the balance of term on 16 April 2009.
CATCHWORDS: application for leave to appeal against severity of sentence - malicious wounding - assault occasioning actual bodily harm - pleas of guilty - whether sentences in total are manifestly excessive - whether offence justified a sentence near the statutory maximum - mental and emotional disorder and the sentencing process - sentencing disparities - concurrence of sentences - accumulation of sentences - aggregate of sentences manifestly excessive
LEGISLATION CITED: Crimes Act 1900, s35(1), s59(1) Crimes (Sentencing Procedure) Act 1999, s44(2)
Johnson v The Queen [2004] HCA 15; 78 ALRJ 616 Pearce v The Queen [1988] HCA 57; 194 CLR 610 CASES CITED: R v Engert (1995) 84 A Crim R 67 R v Fahda [1999] NSWCCA 267 R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 R v Thomson; R v Houlton [2000] NSWCCA 309;49 NSWLR 383
PARTIES: Bradley Rushby - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2005/1643
COUNSEL: R Burgess - Applicant G Rowling - Respondent
SOLICITORS: S O'Connor - Applicant S Kavanagh - Respondent
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