Catchwords

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - OTHER MATTERS - where appellant charged with nine counts of physical abuse against a child – where appellant pleaded guilty to one count of assault occasioning bodily harm and four counts of common assault – where appellant convicted by jury to one count of torture and further count of assault occasioning bodily harm – where appellant declared to be convicted of serious violent offence – whether torture charge was duplicitous resulting in prejudice to the appellant in his defence upon the trial – whether the particulars relied upon by the Crown could not be said to form one series of acts

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – CHARACTER OF OFFENCE – GENERALLY - where appellant sentenced to eight years imprisonment for count of torture and not further punished for the remaining counts - whether sentence manifestly excessive in all the circumstances