Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – UNREASONABLE OR UNSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellants had been charged with assault occasioning bodily harm in company while armed – where appellants convicted of assault occasioning bodily harm in company – whether verdicts were unsafe and unsatisfactory because of inconsistencies – whether use by one appellant of a baseball bat to assault complainant was an essential part of the prosecution case – whether it was open to the jury to accept the complainant’s evidence that he was followed and assaulted but to not be satisfied that a baseball bat was used to assault him

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – OFFENCES AGAINST THE PERSON – GENERALLY – where appellants convicted of assault occasioning bodily harm in company – where each appellant sentenced to 15 months’ imprisonment to be suspended after six months with an operational period of two years – whether sentences manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – OFFENCES AGAINST THE PERSON – GENERALLY – where applicant pleaded guilty to grievous bodily harm – where applicant stabbed complainant three times in chest area – where applicant sentenced on the basis that he acted in self defence but, in doing so, had used excessive force – where applicant sentenced to two years’ imprisonment and given recommendation for eligibility for parole after 12 months – totality of applicant’s criminal conduct – whether sentence manifestly excessive