Wentworth v R [2022] NSWCCA 293

Wentworth v R [2022] NSWCCA 293

The proposed medical evidence did not establish the fundamental premise that it was no longer possible for the applicant to pursue stoma reversal surgery while in custody. Surgery in custody remained available through Justice Health and the public health system; the present medical advice against surgery arose principally from the applicant's body weight and the risks of surgery, not from custody making surgery unavailable. The sentencing judge had already made a significant allowance for the hardship of custody with the applicant's medical condition and had sentenced him irrespective of the possibility of future surgery. No basis was shown for a different sentence under s 6(3).

Jurisdiction
Australia
Judgment Date
21 December 2022
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application, With Leave Sought to Adduce Further Evidence Under Criminal Appeal Act 1912 (nsw), S 6(3)
Outcome
Application for leave to appeal against sentence dismissed.
Legal Topics
['supply Prohibited Drug' 'large Commercial Quantity' 'fresh Evidence on Sentence Appeal' 'medical Condition in Custody' 'availability of Medical Treatment in Custody' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals' 'drug Offences'] ['supply Prohibited Drug' 'large Commercial Quantity' 'fresh Evidence on Sentence Appeal' 'medical Condition in Custody' 'availability of Medical Treatment in Custody' 'special Circumstances']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application, With Leave Sought to Adduce Further Evidence Under Criminal Appeal Act 1912 (nsw), S 6(3)

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to appeal against sentence on the basis of further evidence concerning his medical condition and availability of treatment in custody.' 'Whether the further evidence established that it was no longer possible for the applicant to pursue stoma reversal surgery while in custody.' "Whether subsequent medical evidence or custody conditions justified exercise of the Court's power under Criminal Appeal Act 1912 (NSW), s 6(3)."]

Ratio Decidendi

The proposed medical evidence did not establish the fundamental premise that it was no longer possible for the applicant to pursue stoma reversal surgery while in custody. Surgery in custody remained available through Justice Health and the public health system; the present medical advice against surgery arose principally from the applicant's body weight and the risks of surgery, not from custody making surgery unavailable. The sentencing judge had already made a significant allowance for the hardship of custody with the applicant's medical condition and had sentenced him irrespective of the possibility of future surgery. No basis was shown for a different sentence under s 6(3).

Court Disposition

Application for leave to appeal against sentence dismissed.

Orders

  • ['Dismiss the application for leave to appeal against sentence.']