Catchwords

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – SENTENCES ON TWO OR MORE COUNTS – where applicant convicted on a number of counts of various offences including two counts of assault occasioning bodily harm whilst armed and in company – where serious criminal history – whether sentencing for a number of counts can be approached by fixing a term of imprisonment which reflects the overall criminality of the conduct

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where no injuries to first complainant of lasting significance – where assault in company while on probation – where applicant young and pled guilty – where no remorse – whether sentence manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PURPOSE OF SENTENCE – DETERRENCE – where second assault in company committed against a railway guard and a train driver – whether this justified a heavier sentence in order to deter similar attacks

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PARITY – CO-OFFENDERS – DISCRIMINATION BETWEEN CO-OFFENDERS – where two of applicant’s co-offenders were dealt with subsequently to him – where co-offenders received more lenient sentences – where different personal circumstances – whether a marked disparity which gives rise to a justifiable sense of grievance