CITATION: Heron v Regina [2006] NSWCCA 215 HEARING DATE(S): 14/07/2006
JUDGMENT DATE:
26 July 2006JUDGMENT OF: Mason P at 1; Kirby J at 2; Hoeben J at 3 DECISION: Leave to appeal granted; Sentence passed by Ducker ADCJ on 4 March 2005 is quashed; Applicant re-sentenced. CATCHWORDS: Sentence Appeal - maliciously inflict grievous bodily harm with intent to do grievous bodily harm contrary to s33 of Crimes Act 1900 - finding of special circumstances and ratio between head sentence and non-parole period - whether offence was in mid-range of seriousness for offences of that kind for purposes of standard non-parole period - aggravating features section 21A(2)(d) and (g) Crimes (Sentencing Procedure) Act. LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912CASES CITED: Channon v The Queen (1978) 33 FLR 433
R v Engert (1995) 84 A Crim R 67
R v Moffitt (1990) 20 NSWLR 114
R v P [2004] NSWCCA 218
R v Simpson (2001) 53 NSWLR 704
R v Way (2004) 60 NSWLR 168
Veen v R (No 2) (1988) 164 CLR 465PARTIES: Cecil Arnold Heron - Applicant
Crown - RespondentFILE NUMBER(S): CCA 2006/620 COUNSEL: C Nash and D Kang - Applicant
J A Girdham - CrownSOLICITORS: Teakle Ormsby Conn - Applicant
S Kavanagh - Solicitor for Public ProsecutionsLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/51/0052 LOWER COURT JUDICIAL OFFICER: Ducker ADCJ LOWER COURT DATE OF DECISION: 04/032005
2006/620
Wednesday, 26 July, 2006MASON P
KIRBY J
HOEBEN J
1 MASON P: I agree with Hoeben J.
2 KIRBY J: I agree with Hoeben J.
3 HOEBEN J:
- Offences and sentence
The applicant was charged on indictment that on 19 June 2003 at McLean he did maliciously inflict grievous bodily harm upon Peter Freebody with intent to do grievous bodily harm to him. This was an offence contrary to s33 of the Crimes Act 1900. The offence carried a maximum sentence of 25 years imprisonment with a standard non-parole period of 7 years.
4 The applicant pleaded not guilty and a trial took place before Ducker ADCJ and a jury between 29 November and 9 December 2004. On that latter date the jury returned a verdict of guilty. The applicant has been in custody since 9 December 2004.
5 On 4 March 2005 the applicant was sentenced by his Honour. The sentence imposed was a non-parole period of 5 years and 6 months commencing 9 December 2004 and expiring 8 June 2010 with a balance of sentence of 2 years expiring 8 June 2012. The applicant seeks leave to appeal against the severity of that sentence.
Factual background
6 Because the applicant was convicted after a jury trial, there was no agreed statement of facts and precisely what facts were accepted by the jury cannot be determined. The main area of dispute was exactly how the victim came to be struck on the side of the face by…
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- AGLC
- Heron v R [2006] NSWCCA 215
- Case
- [2006] NSWCCA 215
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing for offences of this kind, noting that the appellant's offence involved a significant degree of premeditation and cruelty. The court emphasised the importance of ensuring that the sentence reflects the seriousness of the crime and the need for deterrence and denunciation. The court examined the facts of the case and found that the offence was indeed in the mid-range of seriousness for offences of that kind, considering the nature of the harm inflicted and the circumstances surrounding the offence. The court also found that the appellant's previous criminal record and the presence of aggravating factors warranted a higher sentence. The court determined that the sentence imposed was appropriate and did not breach any legal principles.
The High Court dismissed the appeal, upholding the sentence imposed by the Supreme Court of New South Wales. The court found that the sentence was proportionate to the seriousness of the offence and took into account the relevant aggravating factors. The court also determined that the ratio between the head sentence and the non-parole period was appropriate and did not infringe upon any legal principles. The final orders of the court were that the appeal be dismissed, and the sentence imposed by the Supreme Court of New South Wales be upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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