NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DUNN v R [2010] NSWCCA 128
HEARING DATE(S): 2 June 2010
JUDGMENT DATE: 16 June 2010
JUDGMENT OF: McClellan CJatCL at 1; Grove J at 2; Johnson J at 32
DECISION: Leave to appeal against sentence granted but appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Indictment for causing grievous bodily harm with intent - Plea of guilty to recklessly causing grievous bodily harm accepted in satisfaction of indictment - Standard non parole period - What is required to express scale of seriousness of offence - No obligation to articulate hypothetical abstract offence - In circumstance that conviction for particular offence followed offender's plea in the District Court no relevance in fact that offence against the provision may be charged and dealt with in Local Court - Victim loses sight of eye - Considerable lenience in imposition - Intervention not called for
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Phan v R [2010] NSWCCA 8 R v AJP (2004) 158 A Crim R 575 R v Crombie [1999] NSWCCA 297 R v Depoma [2003] NSWCCA 382 CASES CITED : R v El Masri [2005] NSWCCA 167 R v Knight (2007) 176 A Crim R 338 R v McEvoy [2010] NSWCCA 110 R v Mitchell (2007) 177 A Crim R 94 R v Way (2004) 60 NSWLR 168
PARTIES: Gregory Allen DUNN - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2008/15955
COUNSEL: M Ramage QC - Applicant J Dwyer - Respondent/Crown
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