ROSS v R [2012] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ROSS v R [2012] NSWCCA 161 Hearing dates: 18 June 2012 Decision date: 04 July 2012 Jurisdiction: Common Law - Criminal Before: McClellan CJ at CL Price J Button J Decision: 1. Leave to appeal granted. 2. Appeal upheld. 3. The sentence imposed in the District Court is quashed. 4. The applicant is sentenced to a term of imprisonment consisting of a non-parole period of 2 years 9 months to commence on 26 September 2010 and to expire on 25 June 2013. The balance of term of 11 months is to commence on 26 June 2013 and to expire on 25 May 2014. Catchwords: CRIMINAL LAW - appeal against sentence - offence of recklessly inflict grievous bodily harm - whether too much emphasis placed on standard non-parole period Legislation Cited: Crimes Act 1900 s 35(2) Criminal Appeal Act 1912 s 6(3) Cases Cited: Butler v R [2012] NSWCCA 23 McCullough v R [2009] NSWCCA 94; (2009) 194 A Crim R 439 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Lao [2003] NSWCCA 315 R v Mitchell; R v Gallagher [2007] NSWCCA 296; (2007) 177 A Crim R 94 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 R v Thawer [2009] NSWCCA 158 Category: Principal judgment Parties: Crimlaw (NSW) Pty Ltd Department of Public Prosecutions Representation: Mr M Smith (applicant) Mr R Herps (respondent) . File Number(s): 2009/229175 Decision under appeal Date of Decision: 2011-03-03 00:00:00 Before: Syme DCJ File Number(s): 2009/229175