Steven John ADAMS v R [2011] NSWCCA 47

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Steven John ADAMS v R [2011] NSWCCA 47 Hearing dates: 22 September 2010 Decision date: 16 March 2011 Before: Campbell JA Latham J Price J Decision: 1. Leave to appeal is granted. 2. Appeal allowed. 3. Quash the sentences imposed by Finnane DCJ on 27 March 2009. 4. On count 1 of the indictment, impose a non parole period of 2 years and 6 months to date from 27 September 2009, expiring 26 March 2012, with a balance of term of one year and 6 months, expiring 26 September 2013. 5. On count 2 of the indictment, impose a non parole period of 12 months, to date from 27 June 2009, expiring 26 June 2010, with a balance of term of 6 months expiring 26 December 2010. 6. On count 3 of the indictment, impose a non parole period of 12 months, to date from 27 March 2009, expiring 26 March 2010, with a balance of term of 6 months expiring 26 September 2010. The applicant is eligible for release to parole on 27 March 2012. Catchwords: CRIMINAL LAW - sentencing - maliciously wound with intent to cause grievous bodily harm - whether open to sentencing judge to take into account an injury not inflicted during principal offence - parity - whether subjective circumstances of offenders justify significant distinction Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Haoui v R [2008] NSWCCA 209 McCullough v R [2009] NSWCCA 94 Wilkins v R [2009] NSWCCA 222 Bourke v R [2010] NSWCCA 22 Category: Principal judgment Parties: Steven John Adams - (Applicant) Regina - (Crown Respondent) Representation: Counsel: I H Wallach - (Applicant) PG Ingram - (Crown Respondent) Solicitors: Carlo Bianchino - (Applicant) S Kavanagh, Solicitor for Public Prosecutions - (Respondent) File Number(s): 2007/11909006 Decision under appeal Date of Decision: 2009-03-27 00:00:00 Before: MJ Finnane QC File Number(s): 2007/11909006