LITTLE v REGINA [2010] NSWCCA 210

New South Wales Court of Criminal Appeal

CITATION: LITTLE v REGINA [2010] NSWCCA 210

HEARING DATE(S): Tuesday 31 August 2010

JUDGMENT DATE: 22 September 2010

JUDGMENT OF: Macfarlan JA at 1; Simpson J at 2; Hall J at 4

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – appeal – sentence- offence maliciously inflict grievous bodily harm with intent to murder – sentence judged erred in classifying case as worst case category – lacking premeditation – absence of weapon – appeal dismissed

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

Regina v Penisini [2004] NSWCCA 339 CASES CITED : Regina v Twala (NSWCCA, unreported, 4 November 1994) Regina v Westerman [2004] NSWCCA 161

PARTIES: Carl Edward LITTLE v REGINA

FILE NUMBER(S): CCA 2008/2805

COUNSEL: C: D Woodburne SC A: S J Odgers SC

SOLICITORS: C: S Kavanagh A: Ender Nedim

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 08/2805

LOWER COURT JUDICIAL OFFICER: Ellis DCJ

LOWER COURT DATE OF DECISION: 5 September 2009

IN THE COURT OF CRIMINAL APPEAL 2008/2805

MACFARLAN JA SIMPSON J HALL J

WEDNESDAY 22 SEPTEMBER 2010 CARL EDWARD LITTLE v REGINA Judgment

1 MACFARLAN JA: I agree with Hall J. 2 SIMPSON J: I have read in draft the judgment of Hall J and agree with his Honour's conclusions, and his reasons therefor. 3 I wish only to add that the submission that there was no, or insufficient, evidence to support the conclusion concerning Mr Smith's long term prognosis prior to the intervening cardiac event was entirely without foundation. The evidence to that effect was as clear as it could possibly have been. To suggest otherwise is more than speculative; it is fanciful. In my opinion, this basis of the appeal ought to never to have been argued. 4 HALL J: The applicant, by notice dated 23 April 2010, seeks leave to appeal from a sentence imposed by the District Court at Parramatta on 5 August 2009 following pleas of guilty to four offences committed on 11 December 2006 whilst an inmate at the minimum security section of Silverwater Correctional Centre. As noted in the Crown's written submissions, each offence involved unprovoked assaults on prison officers in the course of their duty. 5 The particulars of the offences in question are as follows:- Count 1: Cause grievous bodily harm with intent to murder: s.27, Crimes Act 1900: maximum penalty: 25 years' imprisonment; standard non-parole period, 10 years. Count 2: Maliciously inflict grievous bodily harm with intent to do grievous bodily harm: s.33, Crimes Act 1900: maximum : 25 years' imprisonment. Counts 3-5: Assault prison officer in execution of duty: s.58, Crimes Act 1900: maximum penalty: 5 years' imprisonment. 6 For mid-range offences under s.27 of the Crimes Act, the standard non-parole period is 10 years. 7 In respect of Count 1, the applicant pleaded guilty to causing grievous bodily harm to Wayne Smith with intent to murder. 8 In respect of Counts 3, 4 and 5, the applicant pleaded guilty to the assault of three prison officers being respectively Rashmi Goel, Graham Conn and Dean Edwards. 9 The applicant pleaded guilty on the first date set for the trial. After the matter was stood over for sentence, the applicant applied to change his plea. He subsequently withdrew his application to vacate his plea and his pleas of guilty were confirmed on 28 May 2009.