Wright v R [2008] NSWCCA 282

Wright v R [2008] NSWCCA 282

The sentence was not manifestly excessive. The offence was at the high end of objective seriousness, involved a deliberate and unprovoked glassing that caused very serious injury, and was aggravated by the applicant's conditional liberty, intoxication despite known alcohol-related violence, and prior similar offending showing a continuing attitude of disobedience to the law. A strong element of individual deterrence was appropriate, and the sentencing judge was mindful of the applicant's subjective circumstances, which were not exceptional.

Jurisdiction
Australia
Judgment Date
15 December 2008
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['maliciously Inflicting Grievous Bodily Harm' 'manifestly Excessive Sentence' 'use of Glass or Bottle as Weapon' 'prior Convictions' 'continuing Disregard of the Law' 'individual Deterrence' 'objective Seriousness']
['criminal Law' 'criminal Practice and Procedure' 'sentencing'] ['maliciously Inflicting Grievous Bodily Harm' 'manifestly Excessive Sentence' 'use of Glass or Bottle as Weapon' 'prior Convictions' 'continuing Disregard of the Law' 'individual Deterrence' 'objective Seriousness']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of 6 years imprisonment with a non-parole period of 4 years for maliciously inflicting grievous bodily harm was manifestly excessive.' "Whether the sentencing judge gave excessive weight to objective seriousness and insufficient weight to the applicant's subjective circumstances." "Whether the applicant's criminal history demonstrated a continuing attitude of disobedience to the law justifying a strong element of individual deterrence."]

Ratio Decidendi

The sentence was not manifestly excessive. The offence was at the high end of objective seriousness, involved a deliberate and unprovoked glassing that caused very serious injury, and was aggravated by the applicant's conditional liberty, intoxication despite known alcohol-related violence, and prior similar offending showing a continuing attitude of disobedience to the law. A strong element of individual deterrence was appropriate, and the sentencing judge was mindful of the applicant's subjective circumstances, which were not exceptional.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'The appeal is dismissed.']