R v BONEY [2008] NSWCCA 313

New South Wales Court of Criminal Appeal

CITATION: R v BONEY [2008] NSWCCA 313

HEARING DATE(S): 2 June 2008

JUDGMENT DATE: 17 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Hidden J at 88

(i) Allow the Crown appeal; DECISION: (ii) Quash the sentence imposed by English DCJ on the Respondent on 23 January 2008 in respect of the offence of maliciously inflict grievous bodily harm; (iii) In respect of that charge, sentence the Respondent to imprisonment for a non-parole period of 4 years and 6 months commencing on 23 March 2007 together with a further period of 3 years. (iv) Record as the date upon which it appears to the Court that the Respondent shall become eligible for parole, 23 September 2011.

PARTIES: Regina Douglas Charles BONEY

FILE NUMBER(S): CCA 2008/0588

COUNSEL: Crown: J Dwyer Appellant: H Dhanji

SOLICITORS: Crown: Solicitor for Public Prosecutions Appellant: Legal Aid Commission

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/31/0039

LOWER COURT JUDICIAL OFFICER: English DCJ

- 27 - IN THE COURT OF CRIMINAL APPEAL 2008/0588

McCLELLAN CJ AT CL HULME J HIDDEN J

Wednesday, 17 December 2008 R v Douglas Charles BONEY Judgment 1 McCLELLAN CJ AT CL: I agree with Hulme J. 2 HULME J: On 23 January 2008 the Respondent to this Crown appeal was sentenced by English DCJ in respect of 3 charges. They, and the sentences imposed were:- Detain for advantage Loretta Tighe – Imprisonment for a fixed term of 18 months commencing on 23 September 2006. Assault Loretta Tighe, occasioning her actual bodily harm – Imprisonment for a fixed term of 9 months commencing on 23 September 2006. Maliciously inflict grievous bodily harm on Geoffrey Tighe with intent to inflict grievous bodily harm – Imprisonment for 6 years, including a non-parole period of 3 years, both such periods commencing on 23 September 2006.