Lewin v R [2017] NSWCCA 65

Lewin v R [2017] NSWCCA 65

No error by sentencing judge; cautious approach to psychological report was warranted due to applicant's inconsistent histories, lack of sworn evidence, and tentative causation. No undue reliance placed on previous sentence appeal; sentencing judge distinguished relevant features and undertook careful analysis.

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Sentence Appeal / Determination of Application for Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'reckless Wounding Causing Grievous Bodily Harm' 'mental Condition in Sentencing' 'comparative Sentencing']
['criminal Law'] ['sentence Appeal' 'reckless Wounding Causing Grievous Bodily Harm' 'mental Condition in Sentencing' 'comparative Sentencing']

Case Brief

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Procedural Posture

Sentence Appeal / Determination of Application for Leave and Substantive Appeal

Legal Issues

  1. 1 ['Whether sentencing judge erred in approach to asserted mental condition of applicant' 'Whether sentencing judge placed undue weight on result of separate previous sentence appeal']

Ratio Decidendi

No error by sentencing judge; cautious approach to psychological report was warranted due to applicant's inconsistent histories, lack of sworn evidence, and tentative causation. No undue reliance placed on previous sentence appeal; sentencing judge distinguished relevant features and undertook careful analysis.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']