Supreme Court
Decision Information
Summary: Accused and complainant drinking. Accused went to bed, but complainant making too much noise for accused to sleep. Accused yelled at complainant, came out and broke television set, then returned to bedroom but continued to yell at noisy complainant. Complainant barged into bedroom, where accused and infirm wife were, and was hit once on head by accused with hatchet resulting in heavy blood loss, cut to scalp requiring four stitches, cut to artery requiring two stitches and dent to cranium. No evidence of lasting injury. Crown argues seriousness of offence not reflected in sentence of six months imprisonment. Test for appellate intervention is absent an error in principle, appeal court to intervene to vary sentence imposed at trial only if sentence is demonstrably unfit. Reviewing court found trial judge had considered all relevant factors, accepted accused's version of events which had not been disputed by crown, and had also considered the accused's criminal record. Sentence at low end of range, but not unfit.
Decision: Appeal dismissed
Subjects: Criminal law - Assault - Assault causing bodily harm
Criminal law - Appeals - Summary conviction appeals