NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v BWJ [2008] NSWCCA 333
HEARING DATE(S): 16/12/2008 JUDGMENT OF: Campbell JA at 1,35; Grove J at 34; Howie J at 2
EX TEMPORE JUDGMENT DATE: 16 December 2008
DECISION: The Crown appeal is allowed and the sentences imposed in the District Court are quashed. In lieu the following sentences should be imposed upon the respondent: (1) In respect of the first charge of maliciously inflicting grievous bodily harm the respondent is sentenced to a term of imprisonment comprising a non-parole period of 9 months and a balance of term of 9 months to date from 27 October 2008. The non-parole period expires on 26 July 2009. (2) In respect of the second charge of maliciously inflicting grievous bodily harm the respondent is sentenced to a term of imprisonment comprising a non-parole period of 6 months and a balance of term of 10 months to date from 26 April 2009. The non-parole period expires on 25 October 2009. The respondent is to be released to parole on that date. (3) In respect of the assault a sentence of 2 months to date from 27 October 2008 and that expires on 26 December 2008.
CATCHWORDS: Criminal Law - Proceedings for trial - Sentencing - Crown Appeal - maliciously inflict gbh upon a child by father - pleas of guilty - no alternative to full-time custody available - whether bonds manifestly inadequate - respondent re-sentenced.
LEGISLATION CITED: Crimes Act 1900 - ss 35, 61 Crimes (Sentencing Procedure) Act 1999 - ss 10A, 35
CATEGORY: Principal judgment
Markarian v The Queen [2005] HCA 25; 228 CLR 357 CASES CITED : R v Wall [2002] NSWCCA 42 R v Baker [2000] NSWCCA 85 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
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