Matzick v R [2007] NSWCCA 92

Matzick v R [2007] NSWCCA 92

The sentencing judge did not err in describing and treating the attack as unprovoked, uncalled for and unjustified; did consider the applicant's abusive and exploitative background; and any incomplete statement about the absence of obvious mental disability did not affect the sentence because the diagnoses did not entitle the applicant to a reduction. The non-tender of letters from the applicant and her mother caused no miscarriage of justice because their substance was before the sentencing judge through oral evidence and the choice to call oral evidence was within professional discretion. No basis was shown for imposing a less severe sentence.

Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal on Application for Leave to Appeal Against Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['malicious Wounding With Intent to Inflict Grievous Bodily Harm' 'severity Appeal' 'use of Knife' 'plea of Guilty' 'standard Non Parole Period' 'special Circumstances' 'drug Use and Rehabilitation' 'mental Condition in Sentencing' 'conduct of Sentencing Hearing by Legal Representatives']
['criminal Law' 'sentencing' 'criminal Appeals'] ['malicious Wounding With Intent to Inflict Grievous Bodily Harm' 'severity Appeal' 'use of Knife' 'plea of Guilty' 'standard Non Parole Period' 'special Circumstances' 'drug Use and Rehabilitation' 'mental Condition in Sentencing' 'conduct of Sentencing Hearing by Legal Representatives']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal on Application for Leave to Appeal Against Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred by taking into account that the attack was entirely unprovoked, uncalled for and unjustified.' 'Whether the sentencing judge failed to consider the violence and sexual abuse the applicant was subjected to in her early teens.' 'Whether the sentencing judge erred by stating that the applicant suffered from no obvious mental illness.' "Whether the conduct of the sentencing hearing by the applicant's legal representatives caused a miscarriage of justice." 'Whether any less severe sentence ought to have been imposed.']

Ratio Decidendi

The sentencing judge did not err in describing and treating the attack as unprovoked, uncalled for and unjustified; did consider the applicant's abusive and exploitative background; and any incomplete statement about the absence of obvious mental disability did not affect the sentence because the diagnoses did not entitle the applicant to a reduction. The non-tender of letters from the applicant and her mother caused no miscarriage of justice because their substance was before the sentencing judge through oral evidence and the choice to call oral evidence was within professional discretion. No basis was shown for imposing a less severe sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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