Ebsworth v R [2020] NSWCCA 229

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ebsworth v R [2020] NSWCCA 229 Hearing dates: 17 August 2020 Decision date: 11 September 2020 Before: Basten JA at [1]; Rothman J at [2]; Price J at [70] Decision: (1) Extension of time granted to allow the Notice of Application for Leave to Appeal to be filed on 27 May 2020; (2) Leave to appeal granted; (3) Appeal dismissed. Catchwords: CRIME – SENTENCE APPEAL – serious domestic violence – choking of victim occasioning actual bodily harm – permissible and appropriate for sentencing judge to take account of acts leading up to choking – taken into account to show three offences part of one course of conduct for totality purposes – no De Simoni issue – no error in characterisation of objective seriousness – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 29, 33B(1)(a), 37(2), 112(2), 195(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 13(1), 14(1) Criminal Procedure Act 1986 (NSW), s 166 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Cases Cited: Bugmy v R (1990) 169 CLR 525; [1990] HCA 18 LN v R [2020] NSWCCA 131 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Category: Principal judgment Parties: Ryan Mark Ebsworth (Applicant) Crown (Respondent) Representation: Counsel: H White (Applicant) E Wilkins SC (Respondent)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2017/301951 Decision under appeal Court or tribunal: Armidale District Court Jurisdiction: Crime Date of Decision: 15 May 2019 Before: McLennan SC DCJ File Number(s): 2017/301951