NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Holden v R [2008] NSWCCA 100
HEARING DATE(S): 23 April 2008
JUDGMENT DATE: 9 May 2008
JUDGMENT OF: Basten JA at 1; Barr J at 6; Buddin J at 7
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - offence of maliciously inflicting grievous bodily harm in company - Form 1 matters - parity - assertion of lack of due proportion with sentences imposed on other offenders
CATEGORY: Principal judgment
Attorney-General's application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Leach v The Queen [2007] HCA 3; 230 CLR 1 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 Queen v Olbrich [1999] HCA 54; 199 CLR 270 R v Formosa [2005] NSWCCA 363 CASES CITED : R v Hammoud (2000) 118 A Crim R 66 R v Howard (1992) 29 NSWLR 242 R v Jones (1993) 67 ALJR 376 R v MSS [2005] NSWCCA 227 R v Spinks [2007] NSWCCA 52 R v Storey [1998] 1 VR 359 Veen v The Queen [No2] (1988) 164 CLR 465 at 477
PARTIES: Craig Leslie Holden Regina
FILE NUMBER(S): CCA 2007/3059
COUNSEL: T Gartelmann (Applicant) Ms J Dwyer (Crown)
SOLICITORS: SE O'Connor (Applicant) S Kavanagh (Solicitor for Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0039
LOWER COURT JUDICIAL OFFICER: Woods DCJ
LOWER COURT DATE OF DECISION: 9 March 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3059
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