Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – whether the sentences were manifestly excessive – pleaded guilty to unlawful assault occasioning bodily harm when in company and when armed with a dangerous instrument – need for deterrence – three assailants sprayed complainant in face with “mace-like” substance before elbowing, kicking and punching the complainant in the face – offence occurred at night at the complainant’s residence – no factual finding by trial judge as to possible motives for attack – mitigating factors included guilty plea, youth, insignificant criminal history, reasonable work records, low probability of re-offending and one defendant suffered physical injury as a result of his misconduct – bail should not affect outcome of sentence application – since Crown did not plead that assailants entered the premises and carried out the assault for the purpose of recovering marijuana that the complainant was wrongfully withholding and the trial judge made no clear finding of fact on this point it is not appropriate to sentence on a more serious finding of fact