Field v R [2020] NSWCCA 105

Field v R [2020] NSWCCA 105

The sentencing judge made no sentencing error. The assessment of the offence as just below midrange was open because, although the conduct was spontaneous and involved excessive self-defence, the applicant used a knife with considerable force in a substantially disproportionate response and caused severe ongoing physical and emotional harm. General deterrence was properly treated as significant in the particular circumstances of a violent knife offence, and the applicant's background and disorders did not make him an inadequate vehicle for that purpose. The applicant's offending while on conditional liberty was an aggravating sentencing matter. Having regard to the maximum penalty,...

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['causing Grievous Bodily Harm With Intent' 'objective Seriousness' 'general Deterrence' 'conditional Liberty as Aggravating Factor' 'excessive Self Defence' 'manifest Excess']
['criminal Law' 'sentencing' 'criminal Appeals'] ['causing Grievous Bodily Harm With Intent' 'objective Seriousness' 'general Deterrence' 'conditional Liberty as Aggravating Factor' 'excessive Self Defence' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ["Whether the sentencing judge's assessment of objective seriousness as just below midrange was open." 'Whether the sentencing judge erred in treating general deterrence as having a significant role despite the circumstances of the offence and offender.' "Whether the sentencing judge erred in treating the applicant's conditional liberty on two s 9 good behaviour bonds as an aggravating factor." 'Whether the sentence of 6 years imprisonment with a non-parole period of 4 years was manifestly excessive.']

Ratio Decidendi

The sentencing judge made no sentencing error. The assessment of the offence as just below midrange was open because, although the conduct was spontaneous and involved excessive self-defence, the applicant used a knife with considerable force in a substantially disproportionate response and caused severe ongoing physical and emotional harm. General deterrence was properly treated as significant in the particular circumstances of a violent knife offence, and the applicant's background and disorders did not make him an inadequate vehicle for that purpose. The applicant's offending while on conditional liberty was an aggravating sentencing matter. Having regard to the maximum penalty,...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']