Holten v R [2009] NSWCCA 234

Holten v R [2009] NSWCCA 234

The appeal was dismissed because the sentencing judge's factual findings were available, the offence was correctly assessed as falling within the middle range of objective seriousness, the applicant's lengthy history of violence was a proper sentencing consideration, the full guilty plea discount and special...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 September 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['maliciously Inflicting Grievous Bodily Harm With Intent' 'objective Seriousness' 'prior Convictions and Antecedent Criminal History' 'guilty Plea Discount' 'standard Non Parole Period' 'alcohol and Anger Management Rehabilitation']
['criminal Law' 'sentencing'] ['maliciously Inflicting Grievous Bodily Harm With Intent' 'objective Seriousness' 'prior Convictions and Antecedent Criminal History' 'guilty Plea Discount' 'standard Non Parole Period' 'alcohol and Anger Management Rehabilitation']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the offence fell within the middle range of objective seriousness.' "Whether the sentencing judge was entitled to take the applicant's lengthy history of violent offending into account." "Whether the applicant's grounds concerning underage drinking, CCTV footage, self-defence, legal advice about the plea, use of the word aggravating, absence of weapon use, absence of psychiatric or psychological reports, alleged insinuations about biting, and parity disclosed sentencing error." 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge's factual findings were available, the offence was correctly assessed as falling within the middle range of objective seriousness, the applicant's lengthy history of violence was a proper sentencing consideration, the full guilty plea discount and special circumstances were allowed, and none of the applicant's grounds demonstrated error or that the sentence was outside the proper range of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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