NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Altaf THAWER [2009] NSWCCA 158
HEARING DATE(S): 27/05/2009
JUDGMENT DATE: 5 June 2009
JUDGMENT OF: Giles JA at 1; Howie J at 2; Latham J at 57
DECISION: 1. The appeal is allowed and the sentence imposed in the District Court quashed. 2. The respondent is sentenced to a term of imprisonment made up of a non-parole period of 16 months and a balance of term of 30 months to date from 9 April 2009. The non-parole period is to expire on 8 August 2010 the date upon which the respondent is eligible to be released to parole. 3. The prison health authorities are to be made aware of the admission of the respondent into custody and be provided with the psychiatric report of Dr Westmore.
CATCHWORDS: Criminal Law - Crown Appeal - Infliction of grievous bodily harm - suspended sentence - whether manifestly inadequate - relevance of standard non-parole period - failure to give reasons for suspending sentence.
LEGISLATION CITED: Crimes Act 1900 - ss 4A, 33(1), 33(3), 35(2) Crimes (Sentencing Procedure) Act 1999 - ss 12, 12(3), 54C
CATEGORY: Principal judgment
Smith v R [2009] NSWCCA 17 R v Borkowski [2009] NSWCCA 102 R v Wall [2002] NSWCCA 42 MLP v R [2006] NSWCCA 271; 164 A Crim R 93 CASES CITED : R v Knight [2007] NSWCCA 283; 176 A Crim R 338 R v Mitchell and Gallagher [2007] NSWCCA 296; 177 A Crim R 94 R v Johnson [2003] NSWCCA 129 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Zamagias [2002] NSWCCA 17
PARTIES: Regina v Altaf Thawer
FILE NUMBER(S): CCA 2008/8065
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