Where an offender is convicted of malicious wounding with intent under s 33 of the Crimes Act 1900 (NSW), the sentencing judge may not take into account injuries inflicted in a separate and independent assault when assessing the objective gravity of the wounding offence, even where those injuries were inflicted on the same victim on the same occasion. The De Simoni principle as applied in McCullough and Bourke requires that only injuries inflicted in the course of the same assault as the wounding may be considered.
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