Chen v R [2013] NSWCCA 116

Chen v R [2013] NSWCCA 116

The conviction for reckless wounding was supported by proof of a voluntary act and either intention or recklessness as to wounding; the sentencing judge's finding of deliberate injury was reasonably open on the evidence, and the sentence imposed was not manifestly excessive given the seriousness of the offence and the statutory framework.

Jurisdiction
Australia
Judgment Date
22 May 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['reckless Wounding' 'sentencing' 'appeal Against Sentence' 'deliberate Infliction of Injury' 'recklessness' 'mitigating Factors']
['criminal Law'] ['reckless Wounding' 'sentencing' 'appeal Against Sentence' 'deliberate Infliction of Injury' 'recklessness' 'mitigating Factors']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['whether the sentencing judge erred in finding that the offence was deliberate' 'whether the approach to recklessness in Blackwell v R applies to reckless wounding' 'whether the sentence was manifestly excessive']

Ratio Decidendi

The conviction for reckless wounding was supported by proof of a voluntary act and either intention or recklessness as to wounding; the sentencing judge's finding of deliberate injury was reasonably open on the evidence, and the sentence imposed was not manifestly excessive given the seriousness of the offence and the statutory framework.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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