R v Thornton [2015] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Thornton [2015] NSWCCA 94 Hearing dates: 4 May 2015 Date of orders: 15 May 2015 Decision date: 15 May 2015 Before: Hoeben CJ at CL at [1] Hidden J at [2] Beech-Jones J at [3] Decision: (1) The applicant be granted an extension of time in which to apply for leave to appeal.

(2) Leave to appeal be granted.

(3) The appeal be dismissed. Catchwords: SENTENCE APPEAL – serious unprovoked assaults in nightclub – applicant had poor criminal record – sentencing judge found affected by alcohol – challenge to finding rejected – whether sentencing judge erred in fully accumulating sentence for two assaults – sentencing judge considered totality by adjusting sentence for each offence – no error shown – appeal dismissed. Legislation Cited: - Crimes Act 1900 (NSW) – s 33 - Crimes (Sentencing Procedure) Act 1999 – s 12 - Criminal Appeal Act 1912 – s 6(3) Cases Cited: - Johnson v R [2004] HCA 15; (2004) 78 ALJR 616 - Mill v R [1988] HCA 70; 166 CLR 59 - Pearce v R [1998] HCA 57; 194 CLR 610 - R v Loveridge [2014] NSWCCA 120 Category: Principal judgment Parties: Director of Public Prosecutions – Appellant Steven Graham Thornton – Respondent Representation: Counsel: Dr R.J. Webb – Appellant Neil J. Adams – Respondent

Solicitors: Solicitor for Public Prosecutions – Appellant Legal Aid – Respondent File Number(s): 2011/178121 Publication restriction: Nil Decision under appeal Court or tribunal: Penrith District Court Date of Decision: 25 October 2013 Before: English DCJ File Number(s): 2011/178121