The use of a knife in a malicious wounding offence is an aggravating factor under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW), notwithstanding that many such offences involve weapons, because the use of a weapon is not an element of the offence. A finding that an offence falls below the mid-range of seriousness does not render the standard non-parole period irrelevant; it must still be considered as a guide.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.