NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Wilkins v R [2009] NSWCCA 222 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 August 2009
JUDGMENT DATE: 30 September 2009
JUDGMENT OF: McClellan CJatCL at 1; RA Hulme J at 2; Davies J at 44
DECISION: Leave to appeal granted and appeal allowed. Re-sentenced to imprisonment for 8 years 6 months with a non-parole period of 5 years 6 months.
CATCHWORDS: CRIMINAL LAW - sentence - malicious wounding with intent to inflict grievous bodily harm - existence of mental disorder and whether judge erred by not taking into account - error in finding mid range seriousness by having regard to injuries that were not wounds - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Benitez v R [2006] NSWCCA 21; (2006) 160 A Crim R 166 CAR v R [2009] NSWCCA 138 House v The King (1936) 55 CLR 499 McCullough v R [2009] NSWCCA 94 Mulato v R [2006] NSWCCA 282 R v Champion (1992) 64 A Crim R 244 CASES CITED : R v Engert (1995) 84 A Crim R 67 R v Fahda [1999] NSWCCA 267 R v Letteri, unreported, NSWCCA 18 March 1992 R v Mitchell; R v Gallagher [2007] NSWCCA 296 R v Scognamiglio (1991) 56 A Crim R 81 R v Way (2004) 60 NSWLR 168 R v Wright (1997) 93 A Crim R 48 Sayin v R [2008] NSWCCA 307 The Queen v De Simoni (1981) 147 CLR 383
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