Maybury v The The King

Case [2022] NSWCCA 233


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Maybury v R [2022] NSWCCA 233
Hearing dates: 1 August 2022
Date of orders: 04 November 2022
Decision date: 04 November 2022
Before: Gleeson JA at [1]
Wright J at [3]
Cavanagh J at [141]
Decision:

(1) The applicant has leave to make his application out of time.

(2) The applicant has leave to appeal.

(3) The appeal is dismissed.

Catchwords:

CRIME – Appeals – Appeal against sentence – - Section 33(1)(a) of the Crimes Act 1900 (NSW) – Wounding with intent to cause grievous bodily harm – Determination of the objective seriousness of the offence – Sentencing judge made finding that injuries amounted to grievous bodily harm – Whether the principles in The Queen v De Simoni breached – Whether finding resulted in a miscarriage of justice – Sentencing judge entitled to take into account the injuries he did in the way he did

Legislation Cited:

Crimes Act 1900 (NSW), ss 5, 33(1)(a), 33(1)(b), 35, 86(3),

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A(a), 3A(g), 53A(2)

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 3.5(5)

Cases Cited:

Adams v R [2011] NSWCCA 47

AM v R [2012] NSWCCA 203; 225 A Crim R 481

Bourke v R [2010] NSWCCA 22; 199 A Crim R 38

Cao v R [2020] NSWCCA 223

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

Cryer v R [2010] NSWCCA 18

Dean v R [2019] NSWCCA 27

Einfeld v R [2010] NSWCCA 87; (2010) 200 A Crim R 1

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100

GL v R [2022] NSWCCA 202

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Lago v R [2015] NSWCCA 296

LN v R [2020] NSWCCA 131

Markarian v The Queen (2006) 228 CLR 357; [2005] HCA 25

McCullough v R [2009] NSWCCA 94; 194 A Crim R 439

Muldrockv The Queen (2010) 244 CLR 120; [2011] HCA 39

Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17

R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587

R v Mitchell; R v Gallagher [2007] NSWCCA 296; 177 A Crim R 94

Ragg v R [2022] NSWCCA 150

The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54

Turkmani v R [2014] NSWCCA 186; 244 A Crim R 402

Wilkins v R [2009] NSWCCA 222

Category:Principal judgment
Parties: MF Maybury (Applicant)
State of New South Wales (Respondent)
Representation: Counsel:
T Ramrakha (Applicant)
E Wilkins SC (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Office of the Director for Public Prosecutions (Respondent)
File Number(s): 2018/184552
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
21 December 2020
Before:
North DCJ
File Number(s):
2018/184552

Headnote

[This headnote is…

Continue reading Maybury v The The King

Sign in free to access the full text

Details
AGLC
Maybury v The The King [2022] NSWCCA 233
Case
[2022] NSWCCA 233
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the appellant, Maybury, who contested the sentence imposed on him by the lower court for a charge of wounding with intent to cause grievous bodily harm. The appeal was heard in the New South Wales Court of Criminal Appeal. The appellant argued that the sentencing judge's determination of the objective seriousness of the offence was flawed, contending that the principles outlined in The Queen v De Simoni had been misapplied. The crux of the appeal was whether the sentencing judge's assessment of the injuries as amounting to grievous bodily harm constituted a miscarriage of justice and whether the judge was entitled to consider the injuries in the manner that he did.

The court examined the legal issues concerning the application of Section 33(1)(a) of the Crimes Act 1900 (NSW) and the principles set forth in The Queen v De Simoni. It was essential to determine whether the sentencing judge's consideration of the injuries aligned with the established legal framework and whether the determination of grievous bodily harm was appropriate. The court also assessed whether the sentencing judge's approach to the case resulted in an unjust outcome and whether the principles of The Queen v De Simoni were correctly applied.

In ruling on the appeal, the court concluded that the sentencing judge was entitled to assess the injuries in the way he did. The court held that the principles in The Queen v De Simoni did not prohibit the sentencing judge from considering the objective seriousness of the offence in light of the injuries sustained. The court found that the sentencing judge's determination of grievous bodily harm was not erroneous and did not result in a miscarriage of justice. Consequently, the appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.