NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Graham THEWLIS v R [2008] NSWCCA 176
HEARING DATE(S): 22 July 2008
JUDGMENT DATE: 28 July 2008
JUDGMENT OF: Spigelman CJ at 1; Simpson J at 7; Price J at 46
1. Leave to appeal granted; DECISION: 2. In respect of the sentence imposed for Count 1, appeal allowed, sentence quashed; 3. On that count the applicant be sentenced to imprisonment with a non-parole period of 3 years, commencing on 2 July 2007 and expiring on 1 July 2010, with a balance of term of 3 years, expiring on 1 July 2013.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - pleas of guilty - maliciously inflict grievous bodily harm - malicious wounding - whether sentence manifestly excessive - objective seriousness of the offence - immediate post crime ameliorating conduct entitles appellant to mitigation of sentence
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Phelan (1993) 66 A Crim R 446 Stratford v R [2007] NSWCCA 279 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 CASES CITED : R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Ellis (1986) 6 NSWLR 603 R v Conway [2001] NSWCCA 51; 121 A Crim R 177 R v Berlinsky [2005] SASC 316 Dowling v Phillips (Supreme Court of WA, Heenan J, 15 August 1995, unreported)
PARTIES: Graham THEWLIS (Applicant) CROWN (Respondent)
FILE NUMBER(S): CCA 2007/2957
COUNSEL: R Burgess (Applicant) D Arnott SC (Respondent)
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