Anae v R [2018] NSWCCA 73

Anae v R [2018] NSWCCA 73

The sentencing judge's revocation of bail and indication that full-time imprisonment was the only appropriate sentence before hearing the applicant's submissions would cause a fair-minded lay observer reasonably to apprehend prejudgment, so the apprehended bias ground was upheld and the sentencing discretion was exercised afresh. On re-sentence, the offence was above mid-range objective seriousness, involved unprovoked violence with a degree of premeditation and caused extremely severe traumatic brain injury with likely permanent effects; the applicant did not establish genuine remorse, good prospects of rehabilitation or special circumstances, and the original head sentence and...

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal From Sentence Imposed in the District Court; Leave Granted But Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['recklessly Inflicting Grievous Bodily Harm' 'apprehended Bias' 'special Circumstances' 'remorse' 'manifest Excess' 're Sentencing' 'full Time Imprisonment' 'alcohol Related Violence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['recklessly Inflicting Grievous Bodily Harm' 'apprehended Bias' 'special Circumstances' 'remorse' 'manifest Excess' 're Sentencing' 'full Time Imprisonment' 'alcohol Related Violence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal From Sentence Imposed in the District Court; Leave Granted But Appeal Dismissed

Legal Issues

  1. 1 ["Whether the sentencing judge's conduct gave rise to a reasonable apprehension of bias against the applicant before sentence was passed." 'Whether the sentencing judge erred in not finding special circumstances.' 'Whether the sentencing judge erred in not finding any demonstration of genuine remorse.' 'Whether the overall sentence imposed was manifestly excessive or whether a lesser sentence was warranted on re-sentence.']

Ratio Decidendi

The sentencing judge's revocation of bail and indication that full-time imprisonment was the only appropriate sentence before hearing the applicant's submissions would cause a fair-minded lay observer reasonably to apprehend prejudgment, so the apprehended bias ground was upheld and the sentencing discretion was exercised afresh. On re-sentence, the offence was above mid-range objective seriousness, involved unprovoked violence with a degree of premeditation and caused extremely severe traumatic brain injury with likely permanent effects; the applicant did not establish genuine remorse, good prospects of rehabilitation or special circumstances, and the original head sentence and...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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