Nauer v R [2020] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nauer v R [2020] NSWCCA 174 Hearing dates: 26 June 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Before: Hoeben CJ at CL at [1] Fagan J at [2] Cavanagh J at [3] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME — appeals — application for leave to appeal against sentence — where applicant pleaded guilty to disqualified driving and dangerous driving occasioning death offences — where applicant's legal representative did not place relevant evidence of her subjective circumstances before District Court for purposes of sentencing — whether miscarriage of justice occasioned by legal representative's omission — whether such evidence would have been capable of materially affecting the outcome of the sentencing hearing Legislation Cited: Crimes Act 1900 (NSW), s 52A Road Transport Act 2013 (NSW), s 54 Cases Cited: Brown v R [2018] NSWCCA 257 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Munro v R [2006] NSWCCA 350 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Rae v R [2019] NSWCCA 284 Tsiakas v R [2015] NSWCCA 187 Category: Principal judgment Parties: Penina Karoline Nauer (Applicant) Regina (Respondent) Representation: Counsel: J Paingakulam (Applicant) D Patch (Respondent)