NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Spooner v Regina [2009] NSWCCA 247 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 September 2009
JUDGMENT DATE: 28 September 2009
JUDGMENT OF: Macfarlan JA at 1; Howie J at 23; Hislop J at 24
DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - recklessly causing grievous bodily harm - using a glass as a weapon - whether sentencing judge erred in finding as to objective seriousness - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Davies [2007] NSWCCA 178 CASES CITED : R v Willett (NSWCCA, 21 August 1998, unreported) Sayin v R [2008] NSWCCA 307
PARTIES: Mathew Neil Spooner (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/6604
COUNSEL: A Francis (Appellant) S Dowling (Respondent/Crown)
SOLICITORS: Legal Aid Commission (Appellant) Solicitor for Public Prosecutions (Respondent/Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/6604
LOWER COURT JUDICIAL OFFICER: Hock DCJ
LOWER COURT DATE OF DECISION: 22 August 2008
IN THE COURT OF CRIMINAL APPEAL CCA 2008/6604
MACFARLAN JA HOWIE J HISLOP J
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