Wornes v R [2022] NSWCCA 184

Wornes v R [2022] NSWCCA 184

The sentencing proceedings miscarried because the District Court erred in treating personality disorders as outside the De La Rosa principles as a matter of law and underestimated unchallenged psychiatric evidence connecting the applicant's personality disorder with impaired emotional regulation, moral culpability and deterrence. The District Court also erred in treating the applicant's lack of criminal history as assuming less significance merely because the offending occurred in a domestic violence context. On resentencing, the Court found the s 33 offence fell within the mid-range of objective seriousness, but the applicant's guilty plea, lack of prior convictions, mental health issues...

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the New South Wales District Court; Appeal Allowed and Applicant Resentenced
Outcome
Application for leave to appeal granted; appeal allowed; applicant resentenced.
Legal Topics
['domestic Violence Offences' 'wounding With Intent to Cause Grievous Bodily Harm' 'apprehended Domestic Violence Order Contraventions' 'personality Disorder and Sentencing' 'de La Rosa Principles' 'moral Culpability' 'general Deterrence' 'prior Good Character or Lack of Criminal History' 'special Circumstances']
['criminal Law' 'sentencing Law'] ['domestic Violence Offences' 'wounding With Intent to Cause Grievous Bodily Harm' 'apprehended Domestic Violence Order Contraventions' 'personality Disorder and Sentencing' 'de La Rosa Principles' 'moral Culpability' 'general Deterrence' 'prior Good Character or Lack of Criminal History' 'special Circumstances']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the New South Wales District Court; Appeal Allowed and Applicant Resentenced

Legal Issues

  1. 1 ["Whether the sentencing Judge erred in determining that, as a matter of law, the applicant's personality disorder fell outside the scope of the principles in Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194." "Whether the sentencing Judge erred in concluding that the applicant's lack of prior convictions assumed less significance in the context of domestic violence offending." 'Whether a less severe sentence was warranted on resentencing for the offence under s 33 Crimes Act 1900.']

Ratio Decidendi

The sentencing proceedings miscarried because the District Court erred in treating personality disorders as outside the De La Rosa principles as a matter of law and underestimated unchallenged psychiatric evidence connecting the applicant's personality disorder with impaired emotional regulation, moral culpability and deterrence. The District Court also erred in treating the applicant's lack of criminal history as assuming less significance merely because the offending occurred in a domestic violence context. On resentencing, the Court found the s 33 offence fell within the mid-range of objective seriousness, but the applicant's guilty plea, lack of prior convictions, mental health issues...

Court Disposition

Application for leave to appeal granted; appeal allowed; applicant resentenced.

Orders

  • ['Application for leave to appeal granted.' 'Appeal allowed.' 'Confirm the orders made under s 10A of the Crimes (Sentencing Procedure) Act 1999 for the offences of contravening the apprehended domestic violence order.' 'Quash the sentence imposed in the District Court for the offence under s 33 Crimes Act 1900 and...