R v Christian Alfred Wooley [2019] NSWDC 474

R v Christian Alfred Wooley [2019] NSWDC 474

The offender was sentenced to a term of imprisonment for causing grievous bodily harm with intent (s 33(1)(b) Crimes Act 1900), finding the offence fell within the mid-range of seriousness, aggravated by disregard for public safety but mitigated by provocation and absence of planning, resulting in a head sentence of 5 years with a non-parole period of 3 years, varied due to special circumstances.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment; related offences convicted without further penalty under s 10A.
Legal Topics
['causing Grievous Bodily Harm With Intent' 'sentencing' 'provocation']
['criminal'] ['causing Grievous Bodily Harm With Intent' 'sentencing' 'provocation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for causing grievous bodily harm with intent under s 33(1)(b) Crimes Act 1900' 'Assessment of aggravating and mitigating factors in sentencing' 'Degree of provocation relevant to sentence' 'Objective and subjective seriousness of offence']

Ratio Decidendi

The offender was sentenced to a term of imprisonment for causing grievous bodily harm with intent (s 33(1)(b) Crimes Act 1900), finding the offence fell within the mid-range of seriousness, aggravated by disregard for public safety but mitigated by provocation and absence of planning, resulting in a head sentence of 5 years with a non-parole period of 3 years, varied due to special circumstances.

Court Disposition

Offender convicted and sentenced to imprisonment; related offences convicted without further penalty under s 10A.

Orders

  • ['Convicted of Count 1: causing grievous bodily harm with intent to cause grievous bodily harm under s 33(1)(b) Crimes Act 1900.' 'Sentence: non-parole period of 3 years commencing 11 December 2018 and terminating 10 December 2021.' 'Balance of term: 2 years commencing 11 December 2021 and terminating 10 December...