Allen George WARREN v R

The appellant, Allen George Warren, was convicted by a jury of one count of malicious wounding with intent, contrary to section 351 of the Crimes Act 1900, and one count of assault occasioning actual bodily harm, contrary to section 59 of the Crimes Act. These offences were committed on 16 February 2020. A special hearing under the Mental Health (Criminal Procedure) Act 2007 was held. The appellant was found to have been suffering from a mental illness or mental disability at the time of the offences. The Crown was permitted to proceed on the basis that the appellant had the capacity to understand and participate in the proceedings, and to instruct counsel. The appellant was convicted and sentenced to a term of imprisonment for the charge of malicious wounding with intent, with a limiting term of four years, and to a concurrent term for the charge of assault occasioning actual bodily harm. The appellant appealed against his conviction on the basis that the evidence was not sufficient to found a verdict of guilty. He also applied for leave to appeal against his sentence, on the basis that a suspended sentence was available.

The court considered the appeal against conviction and concluded that there was no question of principle arising from the case. The evidence was sufficient to found a verdict of guilty on both counts. The court then considered the application for leave to appeal against sentence. The court concluded that the limiting term imposed on the major charge was manifestly inadequate and that the sentence was excessive. The court noted that a suspended sentence was available after a special hearing, but that the appellant had not been sentenced to a term of imprisonment which was within the range of sentences available for the offence. The court granted leave to appeal against sentence and remitted the matter to the sentencing judge for re-sentencing.

The court made an order that the appeal against conviction be dismissed, and that leave to appeal against sentence be granted. The court made no orders as to the sentence.