NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Anderson v R [2008] NSWCCA 211
HEARING DATE(S): 21 August 2008
JUDGMENT DATE: 9 September 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 28; Hoeben J at 29
DECISION: 1. Grant leave to appeal 2. Dismiss the appeal.
CATCHWORDS: CRIMINAL LAW – Appeal from sentence – Malicious wounding with intent to do grievous bodily harm – Whether sentence excessive – Whether sentencing judge erred in approach to standard non-parole period – Relevance of standard non-parole period when offender has pleaded guilty – Whether sentence was appropriate despite error – Whether special circumstances present – Applicability of principles in R v Fernando in relation to Aboriginality of the offender
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Fernando (1992) 76 A Crim R 58 MLP v The Queen [2006] NSWCCA 271; (2006) 164 A Crim R 93 CASES CITED : R v ALP [2004] NSWCCA 434; (2004) 150 A Crim R 575 R v McNaughton [2006] NSWCCA 242; (2006) 163 A Crim R 381 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
PARTIES: Robert John Anderson (Applicant) The Crown
FILE NUMBER(S): CCA 2007/4925
COUNSEL: T Gartelmann (Applicant) P Calvert (Crown)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/51/0144
LOWER COURT JUDICIAL OFFICER: Black DCJ
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