Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Anderson v R [2019] NSWCCA 256 Hearing dates: 9 October 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Before: Macfarlan JA at [1];
Johnson J at [41];
Cavanagh J at [42]Decision: The application for an extension of time is refused.
Catchwords: CRIME – appeal – application for extension of time in which to appeal – merits of proposed conviction and sentence appeals – whether conviction unreasonable or cannot be supported having regard to the evidence – open to jury to conclude beyond reasonable doubt that applicant intended to cause victim grievous bodily harm – whether sentence unreasonable or plainly unjust – sentence within range of those open to primary judge to impose – application refused Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(b), 35(1), 148
Criminal Appeal Act 1912 (NSW), ss 6(1), 10(1)(b)
Criminal Appeal Rules (NSW), r 3ACases Cited: AM v The Queen [2012] NSWCCA 203; (2012) 225 A Crim R 481
Bahri Kural v The Queen (1987) 162 CLR 502; [1987] HCA 16
Kaddour v R [2019] NSWCCA 90
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Matzick v The Queen [2007] NSWCCA 92
Nudd v The Queen (2006) 80 ALJR 614; [2006] HCA 9
R v Birks (1990) 19 NSWLR 677
R v Mitchell [2007] NSWCCA 96; (2007) 177 A Crim R 94
Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74Category: Principal judgment Parties: Richard Anderson (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Self-represented Applicant
D Patch (Respondent)
Self-represented Applicant
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/36977 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 11 November 2016
- Before:
- English DCJ
- File Number(s):
- 2015/36977
Judgment
-
MACFARLAN JA: On 23 August 2016 the applicant was arraigned in the District Court on the following charges:
● Count 1: Cause grievous bodily harm to Alejandro Schon with intent to cause grievous bodily harm, contrary to s 33(1)(b) of the Crimes Act 1900 (NSW).
● Count 2: Steal property in dwelling house, contrary to s 148 of the Crimes Act.
-
After pleading not guilty to Count 1 and guilty to Count 2, the applicant was tried before English DCJ and a jury on Count 1. On 26 August 2016 the jury returned a verdict of guilty on that count.
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Her Honour sentenced the applicant on 11 November 2016. In respect of Count 1 he was sentenced to a total term of imprisonment of 15 years commencing on 5 February 2015 and expiring on 4 February 2030, including a non-parole period of 11 years and 3 months commencing on 5 February 2015 and expiring on 4 May 2026. In respect of Count 2, he was sentenced to a fixed term of imprisonment of 15 months commencing on 5 February 2015 and expiring…
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- AGLC
- Anderson v The Queen [2019] NSWCCA 256
- Case
- [2019] NSWCCA 256
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to decide were whether the conviction was unreasonable or could not be supported by the evidence, and whether the sentence was unreasonable or plainly unjust. Specifically, the court had to determine if it was open to the jury to conclude beyond reasonable doubt that the applicant intended to cause the victim grievous bodily harm. Additionally, the court had to assess whether the sentence was within the range of those that the primary judge could impose and if it was unreasonable or plainly unjust.
The court found that the conviction was open to the jury based on the evidence presented, and therefore, the conviction was not unreasonable. Regarding the sentence, the court determined that it fell within the range of penalties that the primary judge could impose. Consequently, the sentence was not deemed unreasonable or plainly unjust. As a result, the application for an extension of time to appeal was refused.
The final orders of the court were to dismiss the application for an extension of time and to refuse the proposed appeals against both the conviction and the sentence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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