R v Bloomfield [1999] NSWCCA 196

R v Bloomfield [1999] NSWCCA 196

The sentencing judge was entitled to accept beyond reasonable doubt the Crown witnesses' account of the assault, and those factual findings were not open to review on the leave application. The delay in reporting and medical assessment had been considered by the sentencing judge and did not undermine the findings....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 July 1999
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal refused.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'leave to Appeal Against Sentence' 'severity of Sentence' 'periodic Detention' 'findings of Fact on Sentence']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'leave to Appeal Against Sentence' 'severity of Sentence' 'periodic Detention' 'findings of Fact on Sentence']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against the sentence of eighteen months penal servitude to be served by periodic detention for assault occasioning actual bodily harm.' "Whether the applicant could challenge the sentencing judge's findings about the assault, including delay in reporting and absence of medical reports." 'Whether the sentence was too harsh or disclosed error.']

Ratio Decidendi

The sentencing judge was entitled to accept beyond reasonable doubt the Crown witnesses' account of the assault, and those factual findings were not open to review on the leave application. The delay in reporting and medical assessment had been considered by the sentencing judge and did not undermine the findings. Given the significant harm inflicted on the applicant's daughter while he was drunk, the breach of parental trust, and the leniency inherent in periodic detention, the sentence disclosed no error and was appropriate.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']