LITTLE v REGINA [2010] NSWCCA 210

LITTLE v REGINA [2010] NSWCCA 210

The sentencing judge did not err in classifying the s.27 offence as in the worst case category. The applicant's unprovoked, determined and brutal attack on a vulnerable correctional officer, including repeated punching, kicking and stomping to the head while the victim was unconscious, supported a very high level of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 September 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court Following Pleas of Guilty
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['cause Grievous Bodily Harm With Intent to Murder' 'assault Prison Officer in Execution of Duty' 'worst Case Category' 'objective Seriousness' 'standard Non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['cause Grievous Bodily Harm With Intent to Murder' 'assault Prison Officer in Execution of Duty' 'worst Case Category' 'objective Seriousness' 'standard Non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court Following Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentencing judge erred in determining that the offence under s.27, Crimes Act 1900 was in the worst case category.' "Whether lack of premeditation, absence of a weapon, or asserted lack of evidence about the victim's long-term prognosis took the offence out of the worst case category."]

Ratio Decidendi

The sentencing judge did not err in classifying the s.27 offence as in the worst case category. The applicant's unprovoked, determined and brutal attack on a vulnerable correctional officer, including repeated punching, kicking and stomping to the head while the victim was unconscious, supported a very high level of objective seriousness. The absence of premeditation and the absence of a weapon did not materially reduce that seriousness, and the medical evidence supported the sentencing judge's findings that the victim's long-term prognosis was bleak and would have involved very significant adverse long-term impacts.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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