Weir v Regina [2011] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Weir v Regina [2011] NSWCCA 123 Hearing dates: 25 May 2011 Decision date: 06 June 2011 Before: Macfarlan JA at 1 Johnson J at 2 Garling J at 3 Decision: (1) Leave to appeal granted. (2) Appeal upheld. (3) Sentence imposed by King DCJ on 17 June 2009 in respect of an offence contrary to s 35(2) of the Crimes Act 1900 is quashed. (4) In lieu thereof the applicant is sentenced to a non-parole period of imprisonment of 1 year and 6 months to commence on 1 February 2009 and expire on 31 July 2010. The balance of term is 1 year and 6 months to commence on 1 August 2010 and expire on 31 January 2012. Catchwords: CRIMINAL LAW - Recklessly causing grievous bodily harm - Sentencing - Whether accused denied procedural fairness by failure to warn of increase from "tentative" view during submissions - Resentence Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Baroudi v Regina [2007] NSWCCA 48 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Button v Regina [2010] NSWCCA 264 Pantorno v The Queen (1989) 166 CLR 466 Parker v DPP (1992) 28 NSWLR 282 R v Thawer [2009] NSWCCA 158 Re Minister for Immigration & Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 Category: Principal judgment Parties: Thomas Herbert Weir (Applicant) Crown (Respondent) Representation: Counsel: D Barrow (Applicant) V Lydiard (Respondent) Solicitors: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/011124 Decision under appeal Jurisdiction: 9101 Citation: R v Thomas Herbert Weir Date of Decision: 2010-06-17 00:00:00 Before: King DCJ File Number(s): 2009/11124