Hay v R [2013] NSWCCA 22

Hay v R [2013] NSWCCA 22

The psychologist's report was not fresh evidence, nor was there a diagnosis of kleptomania; no evidence of harsh prison conditions impacting appellant's health or sufficient evidence of severe effect on appellant's family that would justify adjusting the sentence; no parity issue as co-offender Borg was sentenced for a different offence. Consequently, appeal against conviction and appeal against sentence should be dismissed.

Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Criminal Appeal / Judgment After Hearing Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave granted to appeal against sentence; appeal against sentence dismissed
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'fresh Evidence' 'parity' 'effect on Family' 'medical Condition in Sentencing']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'fresh Evidence' 'parity' 'effect on Family' 'medical Condition in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment After Hearing Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether fresh evidence warranted overturning conviction' "Whether sentencing court failed to consider appellant's medical condition" 'Whether sentencing lacked parity with co-offender' "Whether sentence was too severe considering effect on appellant's family"]

Ratio Decidendi

The psychologist's report was not fresh evidence, nor was there a diagnosis of kleptomania; no evidence of harsh prison conditions impacting appellant's health or sufficient evidence of severe effect on appellant's family that would justify adjusting the sentence; no parity issue as co-offender Borg was sentenced for a different offence. Consequently, appeal against conviction and appeal against sentence should be dismissed.

Court Disposition

Appeal against conviction dismissed; leave granted to appeal against sentence; appeal against sentence dismissed

Orders

  • ['Appeal against conviction dismissed' 'Leave granted to appeal against sentence' 'Appeal against sentence dismissed']