Connelly v R [2009] NSWCCA 293

New South Wales Court of Criminal Appeal

CITATION: Connelly v R [2009] NSWCCA 293

HEARING DATE(S): 8 December 2009 JUDGMENT OF: McClellan CJatCL at 1; Price J at 2; RA Hulme J at 3

EX TEMPORE JUDGMENT DATE: 8 December 2009

DECISION: Leave to appeal be granted but the appeal be dismissed.

CATCHWORDS: CRIMINAL LAW - appeal and new trial - appeal against sentence - whether error in not taking into account provocation by victim - held no error - no point of principle

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

CATEGORY: Principal judgment

CASES CITED : R v Chhay (1994) 72 A Crim R 1 Regina v White, New South Wales Court of Criminal Appeal, 23 June 1998, unreported

PARTIES: Jason Russell CONNELLY (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2008/3955

COUNSEL: Mr S Torpey (Applicant) Ms S Dowling (Respondent)

SOLICITORS: Oliver Campbell Heslop Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/3955

LOWER COURT JUDICIAL OFFICER: English DCJ

LOWER COURT DATE OF DECISION: 19 December 2008

IN THE COURT OF CRIMINAL APPEAL 2008/3955

McCLELLAN CJ at CL PRICE J R A HULME J

8 December 2009 Jason Russell CONNELLY v Regina Judgment 1 McCLELLAN CJ at CL: I agree with Justice R A Hulme. 2 PRICE J: I agree. 3 R A HULME J: This is an application for leave to appeal against the asserted severity of the sentence imposed upon the applicant for an offence of maliciously inflicting grievous bodily harm with intent to do grievous bodily harm. For such an offence there is prescribed a maximum penalty of imprisonment for 25 years (s 33 Crimes Act 1900) and a standard non-parole period of 7 years (Part 4 Div 1A Crimes (Sentencing Procedure) Act 1900).