Grivell v R 3 December 2007

The applicant was sentenced to total effective head sentence of six years imprisonment with a non-parole period of three years and six months following the applicant’s plea of guilty to two counts of assault committed with circumstances of aggravation namely, the victim suffered bodily harm, the victim was unable effectively to defend himself and the victim was threatened with an offensive weapon (extendable baton). The applicant was sentenced to three years and six months imprisonment on each count with one year of the sentence on count 2 to be served concurrently with the sentence imposed on count 1. A co-accused Mackley was also
sentenced at the same time and also sought leave to appeal against the sentence imposed on him.

The proposed grounds were that the learned sentencing judge:

1. Erred in failing to give sufficient weight to the principle of totality by “over accumulating” counts 1 and 2.

2. Erred in failing to give sufficient weight to the cooperation by the applicant with authorities.

3. Did not attach sufficient weight to the applicant’s prior good character and positive prospects of rehabilitation.

4. Erred in failing to fully take into account time spent in custody by the applicant for the offence prior to being sentenced.

5. Erred in the imposition of a non-parole period which exceeded the statutory minimum of fifty percent.

6. Erred in imposing a sentence which was manifestly excessive in all of the circumstances of the offence and the offender.

The application was not opposed by the Crown.

The appeal was heard on 15 May 2008 together with the appeal of the co-offender Mackley. The court delivered its decision on 22 April 2008. See under Decisions for a further note of the case.