Grant v R [2014] NSWCCA 67

Grant v R [2014] NSWCCA 67

A miscarriage of justice occurred because the applicant's solicitor admitted an intention to kill without clear instructions, which was material to sentence; thus, the applicant was entitled to have his position correctly conveyed to the court. The sentence was set aside and a lesser sentence imposed on the basis that the applicant intended to cause grievous bodily harm, not to kill.

Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Resentencing
Outcome
Appeal allowed. Leave granted in respect of Ground 2.
Legal Topics
['manslaughter' 'appeal Against Sentence' 'excessive Self Defence' 'miscarriage of Justice' "solicitor's Duties" 'admissibility of Admissions']
['criminal Law'] ['manslaughter' 'appeal Against Sentence' 'excessive Self Defence' 'miscarriage of Justice' "solicitor's Duties" 'admissibility of Admissions']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Resentencing

Legal Issues

  1. 1 ['Whether factual findings contravened the rule in R v De Simoni' "Whether miscarriage of justice occurred due to solicitor's admission regarding intent to kill" 'Whether miscarriage of justice occurred due to failure to obtain psychiatric or psychological reports' 'Whether sentence was manifestly excessive']

Ratio Decidendi

A miscarriage of justice occurred because the applicant's solicitor admitted an intention to kill without clear instructions, which was material to sentence; thus, the applicant was entitled to have his position correctly conveyed to the court. The sentence was set aside and a lesser sentence imposed on the basis that the applicant intended to cause grievous bodily harm, not to kill.

Court Disposition

Appeal allowed. Leave granted in respect of Ground 2.

Orders

  • ['Set aside the sentence imposed for manslaughter on 15 September 2010.' 'In lieu thereof, sentence the appellant to imprisonment for a period of 10 years, commencing from 13 February 2011, with a non-parole period of 7 years and 6 months, commencing 13 February 2011 and expiring on 12 August 2018. The balance of...