Tohifolau v R [2018] NSWCCA 283

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tohifolau v R [2018] NSWCCA 283 Hearing dates: 9 November 2018 Date of orders: 09 November 2018 Decision date: 07 December 2018 Before: Basten JA; Schmidt J; Fagan J Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – causing grievous bodily harm with intent contrary to Crimes Act 1900 (NSW), s 33(1)(b) – assault upon fellow inmate in prison – late guilty plea – 5% discount in sentence for early plea – head sentence of 12 years 4 months imprisonment with non-parole period of 9 years – whether error in ratio of non-parole period to head sentence – whether sentencing judge did not properly consider applicant's criminal record – whether sentence manifestly excessive – leave to appeal granted but appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AM v R [2012] NSWCCA 203 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hughes v R [2018] NSWCCA 2 R v Jeremiah [2016] NSWCCA 241 Texts Cited: N/A Category: Principal judgment Parties: Richard Tohifolau (Applicant) Regina (Respondent) Representation: Counsel: B Hancock (Applicant) M England (Respondent)

Solicitors: Legal Aid Commission NSW (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2015/270916 Publication restriction: No Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 4 August 2017 Before: Hunt DCJ File Number(s): 2015/270916