Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: MN (a pseudonym) v R [2022] NSWCCA 78 Hearing dates: 1 April 2022 Decision date: 13 April 2022 Before: Simpson AJA at [1]; Adamson J at [2]; Bellew J at [34] Decision: Refuse leave to appeal
Catchwords: CRIME — Appeals — Appeal against sentence — whether sentencing judge failed properly to take into account applicant’s mental disorders
CRIME — Appeals — Appeal against sentence — new evidence — whether to admit supplementary expert report
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 32
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Category: Principal judgment Parties: MN (a pseudonym) (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
S Odgers SC / S Pararajasingham (Applicant)
E Wilkins SC (Respondent)
J Sutton Associates (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2018/41475 Publication restriction: Non-publication of any information or material that may lead to the identification of the applicant (Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7) Decision under appeal
- Court or tribunal:
- District Court of NSW
- Date of Decision:
- 23 October 2020
- Before:
- Bright DCJ
- File Number(s):
- 2018/41475
Judgment
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SIMPSON AJA: I agree with Adamson J.
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ADAMSON J: MN (the applicant) seeks leave to appeal against the sentence imposed on him by Bright SC DCJ on 23 October 2020 of a total term of 5 years and 6 months commencing on 15 June 2019 and expiring on 14 December 2024, with a non-parole period of 3 years and 8 months, commencing on 15 June 2019 and expiring on 14 February 2023.
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The sentence was imposed following the applicant’s plea of guilty to one charge of supplying not less than a large commercial quantity of a prohibited drug, 3,4-Methylenedioxyamphetamine (MDA).
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The applicant asked her Honour, when imposing the sentence for the offence of which he had been convicted, following his plea of guilty, to take into account on a Form 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (the Form 1), the following four offences with which the applicant had been charged:
supply commercial quantity of MDA (143.6g) on 8 June 2017;
supply commercial quantity of MDA (166.48g) on 21 June 2017;
supply indictable quantity of MDA (71.9g) on 12 July 2017; and
supply commercial quantity of MDA (144.84g) on 26 July 2017.
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The applicant seeks leave to appeal against his sentence on the following grounds:
1. “The sentencing judge failed properly to take into account the applicant’s mental disorders.”
2. “A miscarriage of justice resulted from the absence in the sentencing proceedings of a supplementary report by Professor [Greenberg].”
The sentence proceedings
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The hearing of the sentence proceedings commenced on 6 March 2020 at which time evidence was tendered by both parties, except in relation to the assistance…
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- AGLC
- MN (a pseudonym) v The The Queen [2022] NSWCCA 78
- Case
- [2022] NSWCCA 78
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge had adequately considered MN’s mental disorders, as these were significant factors that could have impacted the penalty. The court also assessed the admissibility of the supplementary expert report, weighing its relevance and reliability against the principle of finality in sentencing matters. In assessing the impact of the mental disorders, the court considered the expert evidence provided at the original sentencing hearing, as well as the supplementary report, to determine if it demonstrated a substantial mitigating factor that warranted a reduced sentence. The court found that while the sentencing judge had considered the applicant's mental health, the additional expert report provided further insight into MN's conditions, which could have influenced the penalty.
After thorough examination, the Court of Appeal concluded that the sentencing judge had failed to sufficiently account for MN’s mental disorders, particularly in light of the supplementary expert evidence. This evidence highlighted the severity and impact of MN’s mental health issues, which were not fully appreciated at the time of sentencing. Consequently, the Court of Appeal determined that the sentence should be reconsidered in light of the additional evidence. The appeal was allowed, and the matter was remitted to the sentencing court for re-sentencing, taking into account the full extent of MN’s mental health issues as supported by the supplementary expert report.
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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