When sentencing for malicious wounding with intent under s 33(1)(a) Crimes Act 1900 (NSW), a sentencing judge must not take into account injuries that are not wounds but constitute grievous bodily harm, as this breaches the De Simoni principle. The reasoning in McCullough v R concerning s 35(1) applies equally to s 33 offences. An offence involving repeated hammer blows to the head causing bone-deep scalp lacerations requiring 30-40 sutures, but without taking into account facial fractures, falls below mid-range objective seriousness for a s 33 offence.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.