A submission for a sentencing discount under s 22A of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be made to the trial judge; failure to raise it at first instance will not constitute error by the sentencing judge and will not be entertained on appeal absent serious injustice. The seriousness of a wounding offence is not diminished because the victim's defensive actions reduced the severity of the injuries sustained.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.