Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – PARTICULAR CASES – where appellant convicted on two counts of assault occasioning bodily harm in company whilst armed – where raised the defence of self-defence – where learned primary judge did not direct jury that for self-defence the force used had to be reasonably necessary to make effectual defence – whether directions were inadequate as to defence of self-defence – whether convictions should be set aside

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where the appellant was sentenced to 12 months imprisonment suspended after two months with an operation al period of two years on each of two counts of assault at age 20– where conviction on one count quashed on appeal and appellant re-sentenced on the remaining count – where appellant’s criminal history minimal – whether in the circumstances the sentence originally imposed was manifestly excessive