Wick v R [2017] NSWCCA 244

Wick v R [2017] NSWCCA 244

The jury was entitled to find that the injuries sustained by the victim, including multiple full-thickness lacerations requiring over 100 stitches and nerve damage requiring microsurgery, constituted grievous bodily harm. The sentence imposed was not manifestly excessive given the objective and subjective factors.

Parties
Applicant: Brendan Luke Wick; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
conviction and sentence appeals dismissed; leave to appeal sentence granted
Legal Topics
Recklessly Cause Grievous Bodily Harm, Manifest Excess in Sentencing, Reasonableness of Verdict, Legal Definition of Grievous Bodily Harm
Criminal Law Recklessly Cause Grievous Bodily Harm Manifest Excess in Sentencing Reasonableness of Verdict Legal Definition of Grievous Bodily Harm

Case Brief

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Parties

Brendan Luke Wick

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the verdict of guilty of recklessly causing grievous bodily harm was unreasonable
  2. 2 Whether the evidence supported a finding of grievous bodily harm
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The jury was entitled to find that the injuries sustained by the victim, including multiple full-thickness lacerations requiring over 100 stitches and nerve damage requiring microsurgery, constituted grievous bodily harm. The sentence imposed was not manifestly excessive given the objective and subjective factors.

Court Disposition

conviction and sentence appeals dismissed; leave to appeal sentence granted

Orders

  • The appeal against conviction is dismissed.
  • Leave is granted to appeal against sentence.