NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v James FRYAR [2008] NSWCCA 171
HEARING DATE(S): 8 July 2008
JUDGMENT DATE: 13 August 2008
JUDGMENT OF: Spigelman CJ at 1; Barr J at 2; Fullerton J at 3
1. The Crown appeal is allowed. DECISION: 2. The sentence imposed in the District Court is quashed. 3. The respondent is sentenced to a term of imprisonment comprising a non-parole period of 6 years to date from 25 August 2006 and to expire 24 August 2012 with a balance of term of 3 years to expire on 24 August 2015.
CATCHWORDS: Crown appeal against inadequacy - one count malicious wounding with intent to cause grievous bodily harm - after trial - application of s 54B of Crimes Sentencing Procedure Act 1999 - identified errors in assessment of objective criminality - failure to find a matter of aggravation under s21A(2)(i) - overweighed matters of mitigation.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
DB v R; DNN v R [2007] NSWCCA 27; 167 A Crim R 393 Mackey v R [2006] NSWCCA 254 R v Baker [2000] NSWCCA 85 R v Daetz; R v Wilson [2003] NSWCCA 216; 139 A Crim R 398 CASES CITED : R v Mitchell; R v Gallagher [2007] NSWCCA 296 R v Nowak [2008] NSWCCA 89 R v Saleib [2005] NSWCCA 85 R v Way [2004] NSWCCA 131; 60 NSWLR 168 SZ v R [2007] NSWCCA 19; 168 A Crim R 249 Vragovic v R [2007] NSWCCA 46
PARTIES: The Crown (App) James Fryar (Resp)
FILE NUMBER(S): CCA 2007/15487
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