Brown v R [2014] NSWCCA 215

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2014] NSWCCA 215 Hearing dates: 02/09/2014 Decision date: 13 October 2014 Jurisdiction: Criminal Before: Beazley P at [1] R A Hulme J at [2] Garling J at [3] Decision: (1) Application for leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal - sentence - one offence - recklessly causing grievous bodily harm contrary to Crimes Act 1900, s 35(2) - guilty plea - head sentence of 4 years and 10 months - non-parole period of 3 years and 4 months - CRIMINAL LAW - appeal - sentence -whether trial Judge erred in the way he used the appellant's prior criminal record - antecedent criminal history - factor which may be taken into account in determining sentence to be imposed - Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 - CRIMINAL LAW - appeal - sentence - whether trial Judge erred in characterising the level of objective seriousness as being within the mid-range for offences of this type - objective serious not ordinarily susceptible of interference on appeal - no discrete error - objective circumstances taken into account - characterisation of facts challenged - CRIMINAL LAW - appeal - sentence - whether sentence manifestly excessive - whether the sentence was unreasonable or plainly unjust Legislation Cited: Crimes Act 1900 Cases Cited: Aslett v Regina [2006] NSWCCA 360 Barbaro v The Queen, Zirillli v The Queen [2014] HCA 2; (2014) 305 ALR 323 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Hili v The Queen, Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 Mulato v Regina [2006] NSWCCA 282 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 Veen v The Queen (No.2) [1988] HCA 14; (1987 - 1988) 164 CLR 465 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Paul Wayne Brown (Applicant) The Queen Representation: Counsel: A Miller (Applicant) S Dowling SC (Crown) Solicitors: William Whitby Lawyers (Applicant) Director of Public Prosecutors (Crown) File Number(s): 2012/368228 Decision under appeal Date of Decision: 2013-10-18 00:00:00 Before: Frearson DCJ