Hunter v R [2020] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hunter v R [2020] NSWCCA 285 Hearing dates: 26 October 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Before: Hoeben CJ at CL at [1] Harrison J at [2] Ierace J at [38] Decision: (1) Grant leave to appeal against sentence (2) Dismiss the appeal Catchwords: APPEAL – sentence appeal – specially aggravated break and enter – assault occasioning actual bodily harm with intentional wounding – where applicant entered partner's house with axe – where injury caused to partner and friend – whether sentencing judge engaged in two-tier sentencing – whether Form 1 matter considered appropriately – whether consideration given to remorse – where no error by sentencing judge – where sentence falls at more severe end of statistical range – where appellate intervention not compelled Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 GP v R [2016] NSWCCA 150 Harper v R [2017] NSWCCA 159 House v The King (1936) 55 CLR 499; [1936] HCA 40 Huang v R [2019] NSWCCA 144 KG v R [2012] NSWCCA 10 Medcalf v R [2016] NSWCCA 209 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Campbell [2014] NSWCCA 102 Category: Principal judgment Parties: Ricky Edward Hunter (Applicant) Crown (Respondent) Representation: Counsel: T Hickie (Applicant) K Jeffreys (Respondent)