› Periodic detention inappropriate for serious violence offence
› Crimes Act 1900 (NSW), s 33(1)(b)
› Criminal Appeal Act 1912 (NSW), s 5D
Criminal Law
› Sentencing
› Factual findings on sentencing
› Provocation as mitigating factor
› Whether conduct of victim amounted to provocation
› Evidentiary basis for finding of provocation
› Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(c)
Criminal Law
› Sentencing
› Standard non-parole period
› Assessment of objective seriousness
› Whether offence below mid-range
› Obligation to describe extent of departure from mid-range
Criminal Law
› Sentencing
› Non-parole period
› Departure from statutory ratio
› Whether special circumstances found
› Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2)
Quick Take
1A finding of provocation under s 21A(3)(c) of the Crimes (Sentencing Procedure) Act 1999 requires that the provocative conduct be attributable to the victim; hearsay accounts in pre-sentence reports that are contradicted by the offender's own sworn evidence are insufficient to support such a finding.
2Periodic detention is inappropriate for a serious offence of violence involving sustained attack, significant age disparity, permanent injury, and commission while on a bond for a prior offence of violence.
Case Details
Citation[2011] NSWCCA 8
CourtNSWCCA
JurisdictionNew South Wales
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