NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Smale v R [2009] NSWCCA 220 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 11 August 2009
JUDGMENT DATE: 14 September 2009
JUDGMENT OF: McClellan CJatCL at 1; Grove J at 2; RA Hulme J at 3
DECISION: Leave to appeal is granted. The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - specially aggravated break, enter and steal - partial accumulation of sentence upon lengthy pre-existing sentence - finding of special circumstances but overall non-parole period 86% of total term - whether error in concluding grievous bodily harm inflicted intentionally as opposed to recklessly - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Morris, Morris and Snelson v R [2008] NSWCCA 182 Nguyen v R [2007] NSWCCA 14 Pearce v The Queen (1998) 194 CLR CASES CITED : Regina v Bloomfield (1998) 44 NSWLR 734 R v Cramp [2004] NSWCCA 264 R v Falls [2004] NSWCCA 335 R v Simpson (2001) 53 NSWLR 704 Salvaggio v R [2007] NSWCCA 136
PARTIES: Garry Anthony SMALE (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/4627
COUNSEL: J Gormly SC (Applicant) D Arnott SC/F Veltro (Respondent)
SOLICITORS: North and Badgery Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
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