LYNCH v R [2007] NSWCCA 268

LYNCH v R [2007] NSWCCA 268

The Court refused to receive the further medical evidence because one report was available at sentencing and not tendered, and the other was unavailable because the applicant failed to follow counsel's advice to attend the Illawarra Brain Injury Service. Counsel had acted appropriately. The offences were extremely serious, involved deliberate breach of an apprehended violence order, premeditated attendance with a knife, and reckless use of a motor vehicle with potential to harm children. Even if the further medical evidence were admitted, it would not justify reducing the sentences.

Jurisdiction
Australia
Judgment Date
04 September 2007
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['assault' 'malicious Damage to Property' 'use of Offensive Instrument' 'fresh Evidence on Sentence Appeal' 'apprehended Violence Order Breach' 'cognitive Impairment']
['criminal Law' 'sentencing'] ['assault' 'malicious Damage to Property' 'use of Offensive Instrument' 'fresh Evidence on Sentence Appeal' 'apprehended Violence Order Breach' 'cognitive Impairment']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether medical evidence not before the sentencing court should be received on appeal.' 'Whether the sentencing hearing miscarried because counsel failed to seek or tender medical evidence now relied upon.' 'Whether the sentences imposed for assault, malicious damage to property and use of an offensive instrument should be reduced.']

Ratio Decidendi

The Court refused to receive the further medical evidence because one report was available at sentencing and not tendered, and the other was unavailable because the applicant failed to follow counsel's advice to attend the Illawarra Brain Injury Service. Counsel had acted appropriately. The offences were extremely serious, involved deliberate breach of an apprehended violence order, premeditated attendance with a knife, and reckless use of a motor vehicle with potential to harm children. Even if the further medical evidence were admitted, it would not justify reducing the sentences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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