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25-Mar-2019 00:31

Maliciously wounding with intent to do GBH.11y with a NPP of 8y 3m.The above offence involved an unprovoked, vicious attack upon the victim, as a result of which the victim suffered very serious injuries.The co-offender made a separate trial application, which was granted, & his re-trial was fixed for the following day.Prior to the commencement of his re-trial, he negotiated with the DPP & a nolle prosequi was entered on the murder charge, conditional upon him pleading guilty to a charge of having been an accessory after the fact to murder, that he would provide further information to police & that he would undertake to give truthful evidence for the Crown at the appellant's trial.Applicant assaulted his stepfather because of an allegation that he had sexually assaulted the applicant's sister when she was 9 years old.During the assault, applicant at one time armed himself with a mattock & at another time with an axe.Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.

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The Crown case was based primarily upon the co-offender, who received a reduced sentence in return for assistance.His conviction was subsequently quashed & a new trial ordered.

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