Eden v R [2023] NSWCCA 31

Eden v R [2023] NSWCCA 31

No miscarriage of justice occurred by reason of the sentencing judge not having Dr Berry's report on FASD, as the evidence did not show material impact on the assessment of objective seriousness or moral culpability, and could have undermined the applicant's case for rehabilitation.; The appeal was therefore dismissed, with leave to appeal granted.

Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Leave to Adduce New Evidence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'admission of Fresh/new Evidence' 'foetal Alcohol Spectrum Disorder (fasd)' 'objective Seriousness' 'moral Culpability' 'deterrence' 'miscarriage of Justice']
['criminal Law'] ['appeal Against Sentence' 'admission of Fresh/new Evidence' 'foetal Alcohol Spectrum Disorder (fasd)' 'objective Seriousness' 'moral Culpability' 'deterrence' 'miscarriage of Justice']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Leave to Adduce New Evidence

Legal Issues

  1. 1 ['Whether a miscarriage of justice occurred because evidence that the applicant suffers from Foetal Alcohol Spectrum Disorder (FASD) was not before the sentencing judge' 'Whether new evidence should be admitted on appeal to avoid miscarriage of justice' 'Whether FASD impacted the objective seriousness and assessment of sentence']

Ratio Decidendi

No miscarriage of justice occurred by reason of the sentencing judge not having Dr Berry's report on FASD, as the evidence did not show material impact on the assessment of objective seriousness or moral culpability, and could have undermined the applicant's case for rehabilitation.; The appeal was therefore dismissed, with leave to appeal granted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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