Bajouri v R [2016] NSWCCA 20

Bajouri v R [2016] NSWCCA 20

The sentencing judge did not err in taking substantial harm into account because the agreed facts, the nature and severity of the injuries, the permanent surgical consequences and inescapable inferences supported findings of significant and lasting physical, emotional and economic harm beyond reasonable doubt, and the unchallenged Victim Impact Statement was properly received and considered. The proposed Facebook photographs did not contradict the Victim Impact Statement, lacked sufficient significance to affect the sentencing decision and did not show a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
07 March 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['intentionally Causing Grievous Bodily Harm' 'common Assault' 'victim Impact Statement' 'aggravating Factors' 'fresh Evidence on Sentence Appeal' 'miscarriage of Justice']
['criminal Law' 'sentencing'] ['intentionally Causing Grievous Bodily Harm' 'common Assault' 'victim Impact Statement' 'aggravating Factors' 'fresh Evidence on Sentence Appeal' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the principal offence aggravated under s 21A(2)(g) Crimes (Sentencing Procedure) Act 1999 (NSW) on the basis of the victim impact statement and other material.' 'Whether the absence at sentence of Facebook photographs showing the victim trail bike riding and jet skiing resulted in a miscarriage of justice warranting reception of fresh evidence on appeal.']

Ratio Decidendi

The sentencing judge did not err in taking substantial harm into account because the agreed facts, the nature and severity of the injuries, the permanent surgical consequences and inescapable inferences supported findings of significant and lasting physical, emotional and economic harm beyond reasonable doubt, and the unchallenged Victim Impact Statement was properly received and considered. The proposed Facebook photographs did not contradict the Victim Impact Statement, lacked sufficient significance to affect the sentencing decision and did not show a miscarriage of justice.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']