R v Piccin (No 2) [2001] NSWCCA 323

R v Piccin (No 2) [2001] NSWCCA 323

The application for a s10 order must be considered having regard to statutory factors, particularly the nature of the offence. The offence of malicious wounding was not trivial, and the seriousness of intentionally injuring a person with a knife outweighs the applicant's favourable circumstances. The application to dismiss the charge without conviction was therefore refused and the application for leave to appeal against conviction and sentence dismissed.

Parties
Prosecutor: Regina; Applicant: Kay Piccin
Jurisdiction
Australia
Judgment Date
30 August 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
application for leave to appeal against conviction and sentence dismissed
Legal Topics
Section 10 Crimes (sentencing Procedure) Act, Dismissal of Charge Without Conviction, Malicious Wounding, Sentencing Discretion
Criminal Law Sentencing Section 10 Crimes (sentencing Procedure) Act Dismissal of Charge Without Conviction Malicious Wounding Sentencing Discretion

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Parties

Regina

Prosecutor

Kay Piccin

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether an order should be made dismissing the charge pursuant to s10 of the Crimes (Sentencing Procedure) Act, notwithstanding the verdict of guilty
  2. 2 Whether the conviction for malicious wounding was valid after one conviction (stalking) was quashed

Ratio Decidendi

The application for a s10 order must be considered having regard to statutory factors, particularly the nature of the offence. The offence of malicious wounding was not trivial, and the seriousness of intentionally injuring a person with a knife outweighs the applicant's favourable circumstances. The application to dismiss the charge without conviction was therefore refused and the application for leave to appeal against conviction and sentence dismissed.

Court Disposition

application for leave to appeal against conviction and sentence dismissed

Orders

  • Application for leave to appeal against conviction and sentence dismissed.