R v Kotevski [1998] NSWCCA 1

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Kotevski [1998] NSWCCA 1 Hearing dates: 3 April 1998 Decision date: 03 April 1998 Before: James J at [1]; Hulme J at [34]; Simpson J at [59] Decision: Leave to appeal against sentence granted but appeal dismissed Catchwords: CRIMINAL LAW AND PROCEDURE – appeal against sentence – malicious wounding with intent to do grievous bodily harm – victim was applicant's estranged wife – applicant lost self control while under stress – whether sentencing judge failed sufficiently to take into account applicant's belief that his wife had treated him unfairly – whether sentencing judge should have entered into a determination of the merits of the matrimonial disputes between the applicant and his wife Legislation Cited: Crimes Act 1900 (NSW), s 33 Criminal Appeal Act 1912 (NSW), s 6AA Evidence Act 1995 (NSW) Sentencing Act 1989 (NSW), s 5(2) Cases Cited: R v Farroukh (Court of Criminal Appeal (NSW), 29 March 1996, unrep) R v Phelan (1993) 66 A Crim R 446 R v Fernando (1992) 76 A Crim R 58 Category: Principal judgment Parties: Bill Kotevski (Applicant) Regina (Respondent) Representation: Counsel: K F Morrissey (Applicant) P G Berman (Respondent)

Solicitors: Stockman & Evans (Applicant) S E O'Connor (Respondent) File Number(s): 60405/97 Decision under appeal Court or tribunal: District Court Before: Cooper DCJ