Waterfall v R [2019] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Waterfall v R [2019] NSWCCA 281 Hearing dates: 9 October 2019 Date of orders: 25 November 2019 Decision date: 25 November 2019 Before: Macfarlan JA at [1] Johnson J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: Crime — appeals — appeal against sentence — application for leave to appeal — recklessly inflict grievous bodily harm contrary to s 35(2) of the Crimes Act 1900 (NSW) — whether sentencing judge erred in assessment of objective seriousness of the offence — no principle that the nature of injuries sustained necessarily determines the assessment of objective seriousness — where offender was correctional officer in position of trust and authority over the victim who was an inmate — whether sentence imposed was manifestly excessive — not demonstrated that sentence was unreasonable or plainly unjust Legislation Cited: Crimes Act 1900 (NSW), ss 33, 35 Crimes (Administration of Sentences) Act 1999 (NSW), s 2A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)(k) Cases Cited: Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 House v R (1936) 55 CLR 499; [1936] HCA 40 McCullough v R [2009] NSWCCA 94; 194 A Crim R 439 Mulato v R [2006] NSWCCA 282 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Channells (Court of Criminal Appeal (NSW), Hunt CJ at CL, Ireland and Dunford JJ, 30 September 1997, unrep) R v Lamella [2014] NSWCCA 122 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Stevens v R [2017] NSWCCA 216 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Simon Glen Waterfall (Applicant) Regina (Respondent) Representation: Counsel: Ms C Wasley (Applicant) Ms K Jeffreys (Respondent)