NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Bonett [2009] NSWCCA 135
HEARING DATE(S): 27 April 2009
JUDGMENT DATE: 7 May 2009
JUDGMENT OF: Grove J at 1; Buddin J at 11; RA Hulme J at 39
DECISION: Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - Crown appeal - malicious wounding with intent to inflict grievous bodily harm - where offence lay on the scale of objective seriousness - whether antecedent criminal behaviour properly taken into account - whether finding of "special circumstances" available
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act
CATEGORY: Principal judgment
Carroll v The Queen [2009] HCA 13 Mackey v R [2006] NSWCCA 254 CASES CITED : Mulato v R [2006] NSWCCA 282 Veen v The Queen (No 2) (1987-88) 164 CLR 465 R v Way (2004) 60 NSWLR 168 R v Wright [2009] NSWCCA 3
PARTIES: Regina (Applicant) Benjamin William Bonett (Respondent)
FILE NUMBER(S): CCA 2007/16359
COUNSEL: J Dwyer (Crown) G Turnbull SC (Respondent)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Crown) Justin Lewis & Co (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0515
LOWER COURT JUDICIAL OFFICER: Toner DCJ
LOWER COURT DATE OF DECISION: 29 August 2008
IN THE COURT OF CRIMINAL APPEAL 2007/16359
GROVE J BUDDIN J RA HULME J
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