Golding v R [2012] NSWCCA 76

Golding v R [2012] NSWCCA 76

The sentence was not shown to be affected by error or to be manifestly excessive. Having regard to the circumstances of the offending, the applicant's introduction and use of a knife in a volatile situation, the seriousness of the injury, the maximum penalty and standard non-parole period, the Form 1 offence, the applicant's history of violent offending and the heightened need for specific deterrence, no less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['recklessly Wounding' 'manifest Excess' 'standard Non Parole Period' 'form 1 Offence' 'specific Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['recklessly Wounding' 'manifest Excess' 'standard Non Parole Period' 'form 1 Offence' 'specific Deterrence']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence for recklessly wounding another person contrary to s 35(4) of the Crimes Act 1900 was manifestly excessive.' "Whether error was established in the sentencing judge's assessment of objective seriousness, the use of a knife, the victim's injury, the Form 1 matter and the need for specific deterrence." 'Whether some other, less severe, sentence was warranted in law.']

Ratio Decidendi

The sentence was not shown to be affected by error or to be manifestly excessive. Having regard to the circumstances of the offending, the applicant's introduction and use of a knife in a volatile situation, the seriousness of the injury, the maximum penalty and standard non-parole period, the Form 1 offence, the applicant's history of violent offending and the heightened need for specific deterrence, no less severe sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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