Horne v R [2023] NSWCCA 276
Ms Samowitz's notes would not have led the sentencing judge to accept the applicant's allegations of childhood abuse as fact, as they constituted further hearsay. The sentencing judge’s reservations arose from contrary evidence in earlier reports and the absence of corroboration from the applicant or his parents. The failure to tender the notes did not materially affect the sentencing outcome, and no miscarriage of justice occurred.
- Jurisdiction
- Australia
- Judgment Date
- 10 November 2023
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['appeal Against Sentence' 'procedural Fairness' 'evidence (hearsay)' 'sentencing Discretion']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 ["Whether a miscarriage of justice occurred due to the failure of the applicant's representatives to tender psychologist's notes during sentencing" 'Whether the absence of evidence of alleged childhood abuse was material to the sentence imposed']
Ratio Decidendi
Ms Samowitz's notes would not have led the sentencing judge to accept the applicant's allegations of childhood abuse as fact, as they constituted further hearsay. The sentencing judge’s reservations arose from contrary evidence in earlier reports and the absence of corroboration from the applicant or his parents. The failure to tender the notes did not materially affect the sentencing outcome, and no miscarriage of justice occurred.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Grant leave to appeal' 'Appeal dismissed']
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