Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Osborne v R [2015] NSWCCA 260 Hearing dates: 19 August 2015 Decision date: 24 September 2015 Before: Macfarlan JA at [1]
R A Hulme J at [2]
Wilson J at [3]Decision: 1. Leave to appeal granted
2. Appeal dismissedCatchwords: CRIMINAL LAW – appeal – sentence – offence of reckless wounding – “glassing” – single ground of appeal – whether sentence manifestly excessive Cases Cited: Ali v R [2010] NSWCCA 35
House v The King [1936] HCA 40; (1936) 55 CLR 499
Lowndes v The Queen [1999] HCA 19; 195 CLR 665
Majid v R [2010] NSWCCA 121
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
[2011] HCA 39; (2011) 244 CLR 120
R v AJP [2004] NSWCCA 434; 150 A Crim R 575
R v Miria [2009] NSWCCA 68
R v PGM [2008] NSWCCA 172
R v Shepherd [2003] NSWCCA 351
R v Smith (1837) 8 Carrington & Payne 173
R v Spooner [2009] NSWCCA 247
R v Towers [2000] NSWSC 420
Sayin v R [2008] NSWCCA 307
Wilson v R [2009] NSWCCA 73Category: Principal judgment Parties: Trevor John Osborne (Applicant)
Crown (Respondent)Representation: Counsel: C. Smith SC (Applicant)
Solicitors: S.E. O’Connor (Applicant)
E. Balodis (Respondent)
C. Hyland (Respondent)
File Number(s): 2013/00113791 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 May 2014
- Before:
- Lakatos SC DCJ
- File Number(s):
- 2013/00113791
Judgment
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MACFARLAN JA: I agree with Wilson J.
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R A HULME J: I agree with Wilson J.
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WILSON J: This is an application pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 for leave to appeal against a sentence imposed by his Honour Judge Lakatos SC in the District Court at Sydney on 19 May 2014, for an offence of reckless wounding.
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The offence is contrary to s 35(4) of the Crimes Act 1900 and carries a maximum sentence of seven years imprisonment. A standard non-parole period (“SNPP”) of three years is specified in the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (“CSP Act”).
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The sentencing judge imposed a sentence of three years to date from 18 May 2014 and expiring on 17 May 2017. A non-parole period (“NPP”) of two years was specified. The earliest release date is 17 May 2016. As the ratio of sentence suggests, his Honour made a finding of special circumstances in the applicant’s favour pursuant to s 44(2) of the CSP Act.
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A single ground of appeal is advanced, that “the sentence is manifestly excessive”.
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The Notice of Application for Leave to Appeal was filed on 4 May 2015, a Notice of Intention to Appeal having been filed on 19 May 2014, and extended until 19 May 2015.
The Facts of the Offence
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The applicant was arraigned before his Honour and a jury panel on 18 March 2014.…
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- AGLC
- Osborne v The Queen [2015] NSWCCA 260
- Case
- [2015] NSWCCA 260
- Decision Date
CaseChat Overview and Summary
The court gave significant weight to the gravity of the offence, acknowledging that the act of "glassing" could result in serious and often permanent injuries. However, it also noted the appellant's lack of prior criminal history and his early guilty plea. In balancing these factors, the court held that while the sentence was severe, it was not so disproportionate as to be manifestly excessive. The court underscored the importance of the sentence being sufficient to reflect the seriousness of the offence and to deter similar conduct in the future. Consequently, the appeal was dismissed, and the original sentence was upheld.
The court's decision emphasised the need for sentences in cases of reckless wounding to reflect the potential for serious harm, while also considering individual circumstances and the broader objectives of sentencing. This case reaffirms the court's approach to balancing the severity of an offence with the personal circumstances of the offender in determining an appropriate sentence.
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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