Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL ALLOWED – where appellant convicted of unlawfully doing grievous bodily harm – where appellant complains that verdict is unsafe and unsatisfactory – where appellant not proven to have used a weapon – where appellant, if successful on conviction appeal, may still be liable for a conviction of assault occasioning bodily harm – whether this court should substitute a verdict of guilty for this alternative offence

CRIMINAL LAW – GENERAL MATTERS – ANCILLARY LIABILITY – COMPLICITY – COMMON PURPOSE – GENERALLY – where appellant co-accused with two others – where learned trial judge gave careful directions as to complicity – whether appellant was a party to the plan to attack the complainant – whether appellant should be held criminally responsible for the complainant’s injuries

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where appellant sentenced to four years imprisonment for doing grievous bodily harm – where group of people, including the appellant, invaded complainant’s home – where appellant affected by alcohol – where appellant has no prior convictions – where appellant not proven to have used a weapon in the attack – whether sentence excessive in the circumstances