Woon v Regina [2010] NSWCCA 335

Woon v Regina [2010] NSWCCA 335

Leave to appeal was refused because none of the asserted sentencing errors showed that a lesser sentence was warranted. The sentencing judge's findings about remorse, mental condition, age, health, alleged provocation, reliability and planning were open; the attack on the second victim justified cumulation; the total sentence of ten years with a non-parole period of seven years was not manifestly excessive for two serious stabbing offences against elderly victims and was described as very moderate.

Jurisdiction
Australia
Judgment Date
08 December 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court
Outcome
Application for leave to appeal refused.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'manifestly Excessive Sentence' 'remorse and Contrition' 'mental Condition and Deterrence' 'age and Health in Sentencing' 'cumulative Sentences' 'special Circumstances' 'provocation in Sentencing']
['criminal Law' 'sentencing' 'criminal Appeals'] ['wounding With Intent to Cause Grievous Bodily Harm' 'manifestly Excessive Sentence' 'remorse and Contrition' 'mental Condition and Deterrence' 'age and Health in Sentencing' 'cumulative Sentences' 'special Circumstances' 'provocation in Sentencing']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentences imposed for two counts of wound with intent to cause grievous bodily harm were manifestly excessive.' 'Whether insufficient weight was given to remorse, depression, age, health, good character, prospects of rehabilitation, emotional stress and alleged provocation.' 'Whether the second sentence should have been made cumulative on the first sentence.' "Whether the sentencing judge erred in findings about provocative statements, the applicant's reliability, and whether the applicant brought the weapon to the premises."]

Ratio Decidendi

Leave to appeal was refused because none of the asserted sentencing errors showed that a lesser sentence was warranted. The sentencing judge's findings about remorse, mental condition, age, health, alleged provocation, reliability and planning were open; the attack on the second victim justified cumulation; the total sentence of ten years with a non-parole period of seven years was not manifestly excessive for two serious stabbing offences against elderly victims and was described as very moderate.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['Refuse application for leave to appeal.']