Carroll v R [2012] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carroll v R [2012] NSWCCA 118 Hearing dates: 27/04/2012 Decision date: 08 June 2012 Before: Basten JA at [1] Johnson J at [2] Garling J at [3] Decision: (a) Leave to appeal granted. (b) Appeal allowed. (c) Quash the sentence imposed in the District Court of New South Wales on 25 November 2010. (d) Sentence the applicant to a non-parole period of 4 years commencing on 28 January 2010 and expiring on 27 January 2014. (e) Sentence the applicant to a balance of term of 2 years, expiring on 27 January 2016. (f) Note the first day upon which the applicant is eligible for release on parole is 27 January 2014. Catchwords: CRIMINAL - Sentence Appeal - Wounding with intent to cause grievous bodily harm - Failure to take into account highly relevant mental condition - Seizure disorder secondary to head injury - Probable frontal lobe damage diminishing capacity for self-control - Irrelevant material considered when finding offence above mid-range of objective seriousness - Deliberate and intentional conduct part of the offence - Failure to reflect discount for plea of guilty in the non-parole period - Failure to reflect finding of special circumstances - Resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1 Mulato v R [2006] NSWCCA 282 R v Hemsley [2004] NSWCCA 228 R v Koloamatangi [2011] NSWCCA 288 R v Verdins [2007] VSCA 102; 16 VR 269 Category: Principal judgment Parties: Peter Carroll (applicant) Crown (respondent) Representation: Aboriginal Legal Services (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2010/24801 Decision under appeal Date of Decision: 2010-11-25 00:00:00 Before: Puckeridge ADCJ File Number(s): 2010/24801