Mendes v R [2012] NSWCCA 103

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mendes v R [2012] NSWCCA 103 Hearing dates: 23 May 2012 Decision date: 28 June 2012 Before: Whealy JA at [1] Davies J at [2] Schmidt J at [92] Decision: (1) Leave to appeal granted. (2) Uphold the Appeal. (3) Quash the sentences imposed upon the Applicant on 1 February 2008. In lieu, sentence the Applicant as follows: (a) In respect of Count 2 - a non-parole period of three years and nine months commencing 8 October 2006 expiring on 7 July 2010 with and additional term of one year and three months expiring on 7 October 2011; (b) In respect of Count 1 and taking into account the matters on the Form 1 - a non-parole period of four years commencing 8 October 2009 and expiring on 7 October 2013 with an additional term of three years expiring on 7 October 2016. Catchwords: CRIMINAL LAW - sentencing - maliciously inflict grievous bodily harm - two counts - consumption of drugs and alcohol before the attacks - applicant used knife that he was carrying - relevance of the seriousness of the injuries suffered - how intoxication dealt with - sentences not manifestly excessive. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bourke v R [2010] NSWCCA 22 Butler v R [2012] NSWCCA 23 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Jione [2007] NSWCCA 170 R v Mitchell, R v Gallagher [2007] NSWCCA 296 Stanford v R [2007] NSWCCA 73 Way Zhen Wong v R [2010] NSWCCA 160 Category: Principal judgment Parties: Antonio Jose Mendes (Applicant) Crown Representation: Counsel: P Boulten SC (Applicant) R Herps (Crown) Solicitors: McLachlan Thorpe (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2007/14132 Decision under appeal Jurisdiction: 9101 Date of Decision: 2008-02-01 00:00:00 Before: Hock DCJ File Number(s): 2007/14132