Ngatamariki v R [2016] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ngatamariki v R [2016] NSWCCA 155 Hearing dates: 26 July 2016 Date of orders: 09 August 2016 Decision date: 09 August 2016 Before: Hoeben CJ at CL at [1] Hall J at [2] Bellew J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Grievous bodily harm with intent – Assault by applicant upon his partner – Whether sentencing judge took into account the applicant's prior conviction when assessing the objective seriousness of his offending – Whether sentence manifestly excessive – Brutal attack committed at a time when the applicant was affected by alcohol – No error on the part of the sentencing judge – Sentence not manifestly excessive

CRIMINAL LAW – Sentence – Use of sentences imposed in other cases to determine whether a sentence is manifestly excessive – Need to ensure consistency of application of sentencing principles as opposed to numerical equivalence of sentences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Barbaro v R; Zirilli v R [2014] HCA 2; (2014) 253 CLR 58 Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Briouzguine v R [2014] NSWCCA 264 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 MLP v R [2014] NSWCCA 183 Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 Newman v R [2015] NSWCCA 270 R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Principal judgment Parties: George Michael Ngatamariki – Applicant Regina - Respondent Representation: Counsel: Ms J Painakulam – Applicant Ms S Dowling SC – Crown