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02-Jan-2020 16:04

Apart from the above count, applicant had also been charged with wound with intent to murder, however, the jury returned a verdict of not guilty on that count.

Whether error in assessing future dangerousness - under the influence of Temazepam & alcohol at the time of offending - whether error in failure to give any or sufficient weight to subjective circumstances - whether error in weight given to use of weapon - finding of 'gratuitous cruelty'- whether sentence manifestly excessive. NICHOLLS and COATES - HCA, 3.2.2005 219 CLR 196; 79 ALJR 468Citation: Nicholls v The Queen; Coates v The Queen [2005] HCA 1On appeal from the SC of WA.

Maliciously wounding with intent to do GBH.11y with a NPP of 8y 3m.

When the victim tried to escape, the applicant pursued him & struck him twice to the back of the head with a piece of dead branch.

Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.