R v Stonestreet [2020] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Stonestreet [2020] NSWCCA 212 Hearing dates: 12 June 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Before: Bell P at [1] Davies J at [2] N Adams J at [66] Decision: (1) Allow the appeal. (2) Quash the sentence imposed by Judge Grant in the District Court on 31 March 2020. (3) In lieu, sentence the respondent to a non-parole period of three years and one month commencing 15 March 2017 and expiring 14 April 2020 with a balance of term of two years and 11 months expiring 14 March 2023. Catchwords: CRIME - appeals - appeal against sentence - wound with intent to cause grievous bodily harm - mentally ill offender - where offender stabbed father multiple times whilst experiencing extreme paranoia and delusion - where offender lacked insight into his mental condition and was noncompliant with his treatment regime - whether sentence manifestly inadequate - where sentencing judge failed to take into account the protection of the community - where offender's failure to treat his illness posed a significant and ongoing risk - where offender required longer supervision – where non-parole period had expired – whether residual discretion should be exercised to dismiss appeal - sentence quashed – sentence increased without changing the non-parole period Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Alkanaan v R [2017] NSWCCA 56 CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9 Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Elturk v R [2014] NSWCCA 61 R v Engert (1995) 84 A Crim R 67 R v Primmer [2020] NSWCCA 50 Veen v R (No.2) (1988) 164 CLR 465; [1988] HCA 14 Texts Cited: Nil Category: Principal judgment Parties: Crown (Appellant) Matthew Stonestreet (Respondent) Representation: Counsel: P McGrath SC (Appellant) S Howell (Respondent)