NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Holten v R [2009] NSWCCA 234
HEARING DATE(S): 2 September 2009
JUDGMENT DATE: 16 September 2009
JUDGMENT OF: Tobias JA at 1; Hoeben J at 50; Hulme J at 51
DECISION: (a) Leave to appeal granted. (b) Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW - Appeal and new trial - Appeal against sentence – Applicant pleaded guilty to maliciously inflicting grievous bodily harm – Received sentence of six years imprisonment with a non-parole period of three years and six months – Sentencing judge correct in finding that conduct fell within middle range of objective seriousness – Sentencing judge entitled to take into account lengthy history of violence – Appeal dismissed – Recommendation that applicant receive alcohol and anger management rehabilitation -
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED : Regina v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
PARTIES: Wayne Charles Holten Regina
FILE NUMBER(S): CCA 6720/08
COUNSEL: A: In person R: Ms M Cinque
SOLICITORS: A: In person R: S Kavanagh Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 6720/08
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 5/6/08
IN THE COURT OF CRIMINAL APPEAL CCA 2008/6720
TOBIAS JA HOEBEN J R A HULME J
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