Davis v R [2018] NSWCCA 67

Davis v R [2018] NSWCCA 67

The sentencing judge appropriately took into account the applicant's mental health and post-offence conduct; did not err in findings regarding lack of remorse; was statutorily precluded from taking intoxication as a mitigating factor; and there was no error of parity with co-offenders, nor manifest excess in the sentence. No appellable error was shown.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Heard and Determined
Outcome
Appeal dismissed
Legal Topics
['appeal Against Sentence' 'reckless Wounding' 'recklessly Causing Grievous Bodily Harm in Company' 'mental Health in Sentencing' 'remorse' 'intoxication' 'parity of Sentence' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'reckless Wounding' 'recklessly Causing Grievous Bodily Harm in Company' 'mental Health in Sentencing' 'remorse' 'intoxication' 'parity of Sentence' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Heard and Determined

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the applicant's mental health" 'Whether the sentencing judge erred in finding lack of remorse' 'Whether intoxication should have been a mitigating factor' "Whether the sentencing judge failed to consider the applicant's version of events" "Whether there was a parity issue with co-offenders' sentences"]

Ratio Decidendi

The sentencing judge appropriately took into account the applicant's mental health and post-offence conduct; did not err in findings regarding lack of remorse; was statutorily precluded from taking intoxication as a mitigating factor; and there was no error of parity with co-offenders, nor manifest excess in the sentence. No appellable error was shown.

Court Disposition

Appeal dismissed

Orders

  • ['To the extent necessary, extend the time within which to apply for leave to appeal.' 'Grant leave to appeal.' 'Appeal dismissed.']