Graham THEWLIS v R [2008] NSWCCA 176

Graham THEWLIS v R [2008] NSWCCA 176

Immediate post offence ameliorative conduct, where it is significant and causally linked to a substantially beneficial outcome for the victim, is a proper matter to be considered in mitigation of sentence, and in this case justifies a reduction in the sentence imposed.

Parties
Applicant: Graham Thewlis; Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed with respect to sentence for Count 1; sentence quashed and substituted.
Legal Topics
Appeal Against Sentence, Maliciously Inflict Grievous Bodily Harm, Malicious Wounding, Mitigation, Manifest Excess, Objective Seriousness, Plea of Guilty, Ameliorative Post Offence Conduct
Criminal Law Appeal Against Sentence Maliciously Inflict Grievous Bodily Harm Malicious Wounding Mitigation Manifest Excess Objective Seriousness Plea of Guilty +1 more

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Parties

Graham Thewlis

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentence was manifestly excessive
  2. 2 Whether the trial judge failed to adequately take into account mitigation, particularly immediate ameliorative conduct after the commission of the offence
  3. 3 Assessment of the objective seriousness of the offence

Ratio Decidendi

Immediate post offence ameliorative conduct, where it is significant and causally linked to a substantially beneficial outcome for the victim, is a proper matter to be considered in mitigation of sentence, and in this case justifies a reduction in the sentence imposed.

Court Disposition

Leave to appeal granted; appeal allowed with respect to sentence for Count 1; sentence quashed and substituted.

Orders

  • Leave to appeal granted
  • In respect of Count 1, appeal allowed and sentence quashed