Woon v Regina [2010] NSWCCA 335

New South Wales Court of Criminal Appeal

CITATION: Woon v Regina [2010] NSWCCA 335

HEARING DATE(S): 8 December 2010 JUDGMENT OF: Simpson J at 1; Blanch J at 2; Garling J at 22

EX TEMPORE JUDGMENT DATE: 8 December 2010

DECISION: Refuse application for leave to appeal.

CATCHWORDS: CRIMINAL LAW - no question of principle

LEGISLATION CITED: Crimes Act 1900, s33(1)(a), s23(2)(b) Criminal Appeal Act 1912, s6(3)

CATEGORY: Principal judgment

CASES CITED : R v Hemsley [2004] NSWCCA 228

PARTIES: Hin Sang Woon (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2009/7740

COUNSEL: W Roser QC (Applicant) P Ingram SC (Respondent)

SOLICITORS: Lloyd Truman Sadiq Solicitors (Applicant) S Kavanagh, Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/7740

LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ

LOWER COURT DATE OF DECISION: 5 March 2010

LOWER COURT MEDIUM NEUTRAL CITATION: R v Hing Sang Woon

IN THE COURT OF CRIMINAL APPEAL CCA 2009/7740

SIMPSON J BLANCH J GARLING J

8 December, 2010 Hin Sang WOON v Regina JUDGMENT

1 SIMPSON J: I agree. 2 BLANCH J: This is an application for leave to appeal against a sentence imposed in the District Court on 5 March, 2010. The applicant entered pleas of guilty to two counts of wound with intent to cause grievous bodily harm contrary to s33(1)(a) of the Crimes Act 1900, which carries a maximum penalty of 25 years and has a standard non-parole period of seven years. He was originally charged with two counts of wound with intent to murder but the alternative counts under s33(1)(a) were accepted by the Crown in full discharge of the indictment. He was sentenced on the first count to a non-parole period of five years to commence on 28 August, 2008 with an additional term of three years. On the second count he was sentenced to a non-parole period of five years to commence on 28 August, 2010 with an additional term of three years. The total sentence was one of ten years with a non-parole period of seven years.