DA v R [2014] NSWCCA 306

DA v R [2014] NSWCCA 306

No error was established in the sentencing judge's approach: the role and premeditation of the applicant, absence of direct expert evidence of causal link between impairments and offending, and the attention paid to relevant sentencing principles meant the sentence could not be disturbed.

Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Determination of Application for Leave to Appeal and Appeal
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'young Offender' 'intellectual Disability' 'adhd' 'moral Culpability' 'sentencing Principles' 'drawing Inferences From Agreed Facts']
['criminal Law'] ['sentence Appeal' 'young Offender' 'intellectual Disability' 'adhd' 'moral Culpability' 'sentencing Principles' 'drawing Inferences From Agreed Facts']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Determination of Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to address the applicant's moral culpability given intellectual impairment and ADHD" 'Whether failure to take intellectual impairment and ADHD into account affected assessment of deterrence and hardship of detention' "Whether the judge erred in drawing inference about applicant's conduct from agreed facts"]

Ratio Decidendi

No error was established in the sentencing judge's approach: the role and premeditation of the applicant, absence of direct expert evidence of causal link between impairments and offending, and the attention paid to relevant sentencing principles meant the sentence could not be disturbed.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']