Neal v R [2008] NSWCCA 212

Neal v R [2008] NSWCCA 212

The sentence for break, enter and commit serious indictable offence was not manifestly excessive. Despite the offence being characterised as below the middle of the range, the applicant pursued his domestic partner to her father's home, damaged the screen door to enter, and violently attacked a 60 year old man with a heart condition in his own home. The offence occurred while the applicant was on bail, and his prior violent offending justified emphasis on deterrence, retribution and protection of the community. The limited property damage and limited actual injury did little to reduce the seriousness of the offence.

Jurisdiction
Australia
Judgment Date
08 September 2008
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'manifest Excess' 'conditional Liberty' 'prior Criminal History' 'form 1 Offence']
['criminal Law' 'sentencing'] ['break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'manifest Excess' 'conditional Liberty' 'prior Criminal History' 'form 1 Offence']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for break, enter and commit serious indictable offence, namely assault occasioning actual bodily harm, was manifestly excessive.' "Whether the sentencing judge's characterisation of the offence as below the middle of the range of seriousness was reflected in the sentence imposed." 'Whether the offence on the Form 1 was taken into account on the correct charge.']

Ratio Decidendi

The sentence for break, enter and commit serious indictable offence was not manifestly excessive. Despite the offence being characterised as below the middle of the range, the applicant pursued his domestic partner to her father's home, damaged the screen door to enter, and violently attacked a 60 year old man with a heart condition in his own home. The offence occurred while the applicant was on bail, and his prior violent offending justified emphasis on deterrence, retribution and protection of the community. The limited property damage and limited actual injury did little to reduce the seriousness of the offence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']