Regina v Allison Kay Mallott; Regina v Tania Maree Mallott [2001] NSWCCA 453

Regina v Allison Kay Mallott; Regina v Tania Maree Mallott [2001] NSWCCA 453

Although the challenge to the finding about the victim's injuries was not made good and the sentencing judge was entitled to take a severe view of the assault, the affidavit material concerning custody and full time detention was deeply troubling. Having regard also to the absence of long term damage, the domestic context of the disagreement, and the apparent resolution of ill will, justice could be done by resentencing the applicants to imprisonment but suspending the sentences under s 12 of the Crimes (Sentencing Procedure) Act 1999 with good behaviour bonds.

Jurisdiction
Australia
Judgment Date
10 September 2001
Procedural Posture
Criminal Sentencing Appeal / Applications for Leave to Appeal Against Severity of Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal allowed; sentences quashed; applicants resentenced to suspended terms of imprisonment with good behaviour bonds.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'severity Appeal' 'suspended Sentence' 'good Behaviour Bond' 'full Time Detention']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'severity Appeal' 'suspended Sentence' 'good Behaviour Bond' 'full Time Detention']

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Procedural Posture

Criminal Sentencing Appeal / Applications for Leave to Appeal Against Severity of Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether it was open to the sentencing judge to find that the assault occasioned swelling and bruising to the victim's face and scratches to her face and neck." "Whether material concerning the arrangements that could properly be made for the applicants' custody and full time detention justified avoiding full time detention consistently with justice." 'Whether the sentences should be suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Although the challenge to the finding about the victim's injuries was not made good and the sentencing judge was entitled to take a severe view of the assault, the affidavit material concerning custody and full time detention was deeply troubling. Having regard also to the absence of long term damage, the domestic context of the disagreement, and the apparent resolution of ill will, justice could be done by resentencing the applicants to imprisonment but suspending the sentences under s 12 of the Crimes (Sentencing Procedure) Act 1999 with good behaviour bonds.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed; applicants resentenced to suspended terms of imprisonment with good behaviour bonds.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal and quash the sentence in the Court below.' 'In lieu, sentence the applicants to imprisonment for a term of seventeen months to commence on 10 September 2001 and to expire on 9 February 2003.' 'Suspend the sentence pursuant to s 12 of the Crimes (Sentencing Procedure) Act...