New South Wales
Court of Criminal Appeal
CITATION: Wright v R [2008] NSWCCA 282 HEARING DATE(S): 21/11/08
JUDGMENT DATE:
15 December 2008JUDGMENT OF: Tobias JA at 1; Kirby J at 2; Hall J at 36 DECISION: (1) Leave to appeal granted.
(2) The appeal is dismissed.CATCHWORDS: Criminal Practice & Procedure - maliciously inflicting grievous bodily harm - use of glass/bottle as weapon - history of similar offences - finding of continuing disregard of the law - whether sentence manifestly excessive. LEGISLATION CITED: Crimes Act 1900 CATEGORY: Principal judgment CASES CITED: Veen v The Queen (No 2) (1987-1988) 164 CLR 465
R v Steeden (NSW CCA, unreported, 19/8/1994)
R v Woodhouse (NSW CCA, unreported 20/12/1996)
R v McAdam (NSW CCA, unreported, 29/9/1997)
R v Rowe (NSW CCA, unreported, 10/12/1997)
R v Mackey [2006] NSWCCA 254
Morris v R [2007] NSWCCA 127
R v Trevenna [2004] NSWCCA 43; (2004) 149 A Crim R 505PARTIES: Damien John Wright (App)
Regina (Resp)FILE NUMBER(S): CCA 2007/15235 COUNSEL: C Smith (Appl)
N Noman (Resp/Crown)SOLICITORS: S O'Connor (LAC - Appl)
S Kavanagh (Resp/Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2007/11/0558 LOWER COURT JUDICIAL OFFICER: Solomon DCJ LOWER COURT DATE OF DECISION: 8/2/08
CCA 2007/15235
Monday 15 December 2008TOBIAS JA
KIRBY J
HALL J
1 TOBIAS JA: I agree with Kirby J.
2 KIRBY J: On 2 October 2007, Damien John Wright (the applicant) was arraigned before Solomon DCJ and a jury upon an indictment charging the following offences:
- Count 1: That on 28 October 2006, he maliciously inflicted grievous bodily harm with intent to do so upon Joel Fairfull, contrary to s 33 of the Crimes Act 1900 (“the Act”) (maximum penalty: 25 years imprisonment with a standard non parole period of 7 years).
- Count 2: In the alternative -
That on 28 October 2006, he maliciously inflicted grievous bodily harm upon Joel Fairfull, contrary to s 35 of the Act (maximum penalty: 7 years imprisonment).
3 On 18 October 2007, the jury returned a verdict of not guilty on Count 1, but guilty on Count 2.
4 On 8 February 2008, Solomon DCJ sentenced the applicant to a total term of 6 years imprisonment (9.11.2006 to 8.11.2012), made up of a non parole period of 4 years (9.11.2006 to 8.11.2010), with an additional term of 2 years (9.11.2010 to 8.11.2012). The applicant seeks leave to appeal against that sentence.
Notice of appeal.
5 The notice of appeal relies upon a single ground expressed in these terms:
The incident.
6 Solomon DCJ, in his remarks on sentence, summarised the background to the incident in these words: (ROS 1/3)
- “The offender met an acquaintance by the name of ‘Mark’ at about 7pm on 27 October 2006 at Central Railway Station. The offender and ‘Mark’, at about 8pm, attended a hotel in the Surry Hills area where they remained for about five and a half…
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- AGLC
- Wright v The Queen [2008] NSWCCA 282
- Case
- [2008] NSWCCA 282
- Decision Date
CaseChat Overview and Summary
The court considered the nature and gravity of the offence, the respondent's history of similar criminal conduct, and the principle of proportionality in sentencing. It was noted that Wright had shown a consistent pattern of violent behaviour, indicating a continuing disregard for the law. The court emphasised the importance of deterrence and denunciation in sentencing individuals who commit such offences. The severity of the injury inflicted, coupled with the use of a bottle as a weapon, further underscored the need for an appropriate punishment. The court concluded that the sentence imposed was not manifestly excessive, as it was proportionate to the nature and circumstances of the offence, and took into account the respondent's history of similar criminal conduct.
The court upheld the sentence imposed on Wright, finding that it was neither manifestly excessive nor disproportionate to the nature and circumstances of the offence. The respondent's history of similar criminal conduct and the principle of proportionality in sentencing were carefully considered. The decision reflects the court's commitment to ensuring that sentences are appropriate and serve the purposes of punishment, deterrence, and denunciation.
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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