Stewart, Wade John v R [2009] NSWCCA 152

Stewart, Wade John v R [2009] NSWCCA 152

The sentence imposed was not manifestly excessive, given the seriousness of the offence, repeated and grossly excessive violence, intent to inflict grievous bodily harm, and applicant's use of a concealed fighting weapon. The sentencing judge's assessment of circumstances and criminality was appropriate, and no error or plain injustice was demonstrated by the applicant.

Parties
Applicant: Wade John Stewart; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 May 2009
Procedural Posture
Criminal Appeal / Leave to Appeal and Merits Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Manslaughter by Excessive Self Defence, Manifestly Excessive Sentence
Criminal Law Sentence Appeal Manslaughter by Excessive Self Defence Manifestly Excessive Sentence

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Parties

Wade John Stewart

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Merits Decision

Legal Issues

  1. 1 Whether the sentence for manslaughter by excessive self-defence was manifestly excessive

Ratio Decidendi

The sentence imposed was not manifestly excessive, given the seriousness of the offence, repeated and grossly excessive violence, intent to inflict grievous bodily harm, and applicant's use of a concealed fighting weapon. The sentencing judge's assessment of circumstances and criminality was appropriate, and no error or plain injustice was demonstrated by the applicant.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.