McInnes v R [2024] NSWCCA 104

McInnes v R [2024] NSWCCA 104

Although the fresh evidence was received and leave to appeal was granted, it did not establish that Justice Health or correctional staff provided medical care below the level contemplated by the sentencing judge or that any alleged failures adversely affected the applicant's heart condition. Most complaints were contradicted by contemporaneous Justice Health records, the monitoring device issue did not show a medical deterioration or missed cardiac episode, and the applicant's treating cardiologist reported that he was stable and required no change in therapy. The sentencing judge had already taken the heart condition into account as a special circumstance, and the sentence was not...

Jurisdiction
Australia
Judgment Date
19 June 2024
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Pursuant to S 5(1)(c) of the Criminal Appeal Act 1912 (nsw)
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dishonestly Obtaining Financial Advantage by Deception' 'fresh Evidence on Sentence Appeal' 'medical Condition in Custody' 'special Circumstances' 'custodial Medical Care']
['criminal Law' 'sentencing'] ['dishonestly Obtaining Financial Advantage by Deception' 'fresh Evidence on Sentence Appeal' 'medical Condition in Custody' 'special Circumstances' 'custodial Medical Care']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Pursuant to S 5(1)(c) of the Criminal Appeal Act 1912 (nsw)

Legal Issues

  1. 1 ["Whether fresh evidence about the applicant's heart condition and treatment in custody established that the sentencing exercise miscarried." "Whether Corrective Services and Justice Health failed to manage the applicant's heart condition at a level below the sentencing judge's expectation." "Whether the applicant's aggregate sentence should be reduced because of alleged inadequate medical care in custody."]

Ratio Decidendi

Although the fresh evidence was received and leave to appeal was granted, it did not establish that Justice Health or correctional staff provided medical care below the level contemplated by the sentencing judge or that any alleged failures adversely affected the applicant's heart condition. Most complaints were contradicted by contemporaneous Justice Health records, the monitoring device issue did not show a medical deterioration or missed cardiac episode, and the applicant's treating cardiologist reported that he was stable and required no change in therapy. The sentencing judge had already taken the heart condition into account as a special circumstance, and the sentence was not...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']