Mm v R

Case [2016] NSWCCA 235


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: MM v R [2016] NSWCCA 235
Hearing dates:10 February 2016
Decision date: 28 October 2016
Before: Bathurst CJ at [1]
Johnson J at [2]
R S Hulme AJ at [144]
Decision:

1. The Applicant is granted an extension of time to 30 October 2015 to apply for leave to appeal against conviction and sentence.
2. The Applicant is granted leave to appeal against conviction.
3. The conviction appeal is dismissed.
4. The Applicant is granted leave to rely upon Ground 1(b) on sentence.
5. The Applicant is granted leave to appeal against sentence.
6. The sentence appeal is dismissed.

Catchwords:

CRIMINAL LAW – appeal against conviction– offence of specially aggravated break and enter and committing serious indictable offence – s.112(3) Crimes Act 1900 – plea of guilty in District Court – whether plea of guilty occasioned a miscarriage of justice – plea of guilty by Applicant in open court – Applicant understood elements of the offence – decision to plead guilty was voluntary and not a product of undue or improper pressure – Applicant considered it to be in his interests to plead guilty – miscarriage of justice not established – conviction appeal dismissed

CRIMINAL LAW – appeal against sentence – whether admission of statement of facts occasioned a miscarriage of justice – Applicant aware of elements of offence and circumstances of offence – miscarriage of justice not established – whether failure to adduce evidence of Applicant’s mental condition caused a miscarriage of justice – such evidence would not have assisted Applicant on sentence – miscarriage of justice not established – whether sentence manifestly excessive – no error in finding it was an extremely serious s.112(3) offence – sustained hammer attack to head of victim – Applicant on parole at the time of the offence with significant criminal history for robbery and other offences – substantial discount for assistance to authorities – sentence not manifestly excessive – sentence appeal dismissed
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: AM v R [2012] NSWCCA 203; 225 A Crim R 481
Aslett v R [2012] NSWCCA 235
Barbaro v The Queen [2014] HCA 2; 253 CLR 58
Betts v The Queen [2016] HCA 25; 90 ALJR 758
Bungie v R [2015] NSWCCA 9
De Jong v R [2015] NSWCCA 32
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
Duncombe v R [2013] NSWCCA 271
Hutchinson v R [2014] NSWCCA 317
Kelly v R [2007] NSWCCA 357
Kennedy v R [2016] NSWCCA 114
Khoury v R [2011] NSWCCA 118; 209 A Crim R 509
Loury v R [2010] NSWCCA 158
Magaming v The Queen [2013] HCA 40; 252 CLR 381
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Marshall v R [2007] NSWCCA 24
Maxwell v R [2007] NSWCCA 304
Maxwell v The Queen [1996] HCA 46; 184 CLR…

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AGLC
Mm v R [2016] NSWCCA 235
Case
[2016] NSWCCA 235
Decision Date

CaseChat Overview and Summary

In the case of Mm v R, the applicant, Mm, was appealing against both his conviction and the sentence imposed by the District Court. Mm was found guilty of specially aggravated break and enter and committing a serious indictable offence. He had pleaded guilty to the charges in open court, and the court was required to determine whether this plea had led to a miscarriage of justice. Additionally, Mm appealed the severity of his sentence, arguing that the admission of a statement of facts and the failure to consider his mental condition led to an unjust outcome. The court also had to consider whether the sentence was manifestly excessive.

The legal issues before the court were whether the applicant's plea of guilty had led to a miscarriage of justice, whether the admission of a statement of facts or the failure to adduce evidence of the applicant's mental condition caused a miscarriage of justice, and whether the sentence imposed was manifestly excessive. The court examined the voluntariness of the guilty plea and whether it was made under undue pressure, the relevance of the applicant's mental condition to the sentencing process, and the proportionality of the sentence in light of the seriousness of the offence and the applicant's criminal history.

The court found that the applicant's plea of guilty was voluntary and not the result of any undue or improper pressure. Mm had understood the elements of the offence and considered it to be in his interests to plead guilty. The court held that there was no miscarriage of justice in the plea. Regarding the sentence, the court determined that the applicant was aware of the elements of the offence and the circumstances, and that the admission of a statement of facts did not occasion a miscarriage of justice. The court also found that evidence of Mm's mental condition would not have assisted him on sentence and did not establish a miscarriage of justice. Finally, the court concluded that the sentence was not manifestly excessive, given the extremely serious nature of the offence, Mm's significant criminal history, and the substantial discount for assistance to authorities.

The appeals against both conviction and sentence were dismissed by the court. The court affirmed that Mm's plea of guilty was voluntary and that the sentence was proportionate to the gravity of the offence and the applicant's criminal history.

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

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Ratio Decidendi

Legal Principle Established

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