Hona v R [2016] NSWCCA 119

Hona v R [2016] NSWCCA 119

Leave to appeal was granted because of the applicant's relative youth and the length of sentence, but the appeal was dismissed. The agreed facts and counsel's concession supported the sentencing judge's finding that the applicant deliberately crossed the road to attack the victim, and the finding about force meant no more than force sufficient to cause the victim to fall heavily and suffer the head injury. The adult-custody argument had not been put to the sentencing judge, there was no evidentiary basis requiring a different conclusion, totality was considered, and no concurrency was required. The offence was gravely serious, involved high objective gravity, was committed while the...

Jurisdiction
Australia
Judgment Date
21 June 2016
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
['recklessly Causing Grievous Bodily Harm' 'objective Seriousness' 'factual Findings on Sentence' 'pre Sentence Custody' 'totality' 'manifest Excess' 'general Deterrence' 'sentencing Statistics']
['criminal Law' 'sentencing'] ['recklessly Causing Grievous Bodily Harm' 'objective Seriousness' 'factual Findings on Sentence' 'pre Sentence Custody' 'totality' 'manifest Excess' 'general Deterrence' 'sentencing Statistics']

Case Brief

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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 sentencing judge drew adverse inferences of fact not open beyond reasonable doubt from the agreed facts.' 'Whether the sentencing judge failed to take into account four months spent in adult custody solely referable to the offence before the commencement date of the sentence.' 'Whether the sentence of 6 years and 9 months imprisonment with a non-parole period of 4 years and 9 months was manifestly excessive.']

Ratio Decidendi

Leave to appeal was granted because of the applicant's relative youth and the length of sentence, but the appeal was dismissed. The agreed facts and counsel's concession supported the sentencing judge's finding that the applicant deliberately crossed the road to attack the victim, and the finding about force meant no more than force sufficient to cause the victim to fall heavily and suffer the head injury. The adult-custody argument had not been put to the sentencing judge, there was no evidentiary basis requiring a different conclusion, totality was considered, and no concurrency was required. The offence was gravely serious, involved high objective gravity, was committed while the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal.' 'Dismiss the appeal.']