Stevens v R [2017] NSWCCA 216

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stevens v R [2017] NSWCCA 216 Hearing dates: 30 August 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Before: Hoeben CJ at CL at [1] Davies J at [2] Bellew J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: Criminal law – Appeal – Sentence – Charge of recklessly causing grievous bodily harm – Where applicant struck the victim from behind in an unprovoked attack causing the victim to fall to the ground and lose consciousness – Where victim suffered a number of injuries including a haemorrhagic contusion of the brain, a fracture of the orbital wall and a laceration to the left forehand – Where victim left with permanent scarring, intermittent headaches, flashbacks, nightmares and rapid mood swings – Whether the sentencing Judge erred in his categorisation of the injuries – Whether sentence was manifestly excessive – No error on the part of the sentencing Judge – Necessity to bear in mind that the injury is not the sole determining factor of sentence for this type of offending – Sentence not manifestly excessive – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: R v Mitchell; R v Gallagher [2007] NSWCCA 296 R v McCulloch [2009] NSWCCA 94 AM v R [2012] NSWCCA 203 R v Zhang [2004] NSWCCA 358 R v Woods NSWCCA 9 October 1990 unreported Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 Category: Principal judgment Parties: Troy Richard Stevens – Applicant Regina – Respondent Representation: Counsel: T Gartelmann SC – Applicant F Veltro - Respondent