Noonan v R [2020] NSWCCA 346

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Noonan v R [2020] NSWCCA 346 Hearing dates: 23 November 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Before: Hoeben CJ at CL at [1] Bellew J at [2] Wright J at [78] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) In lieu thereof the applicant is sentenced to imprisonment for 9 years commencing on 3 August 2017 and expiring on 2 August 2026. (5) I specify a non-parole period of 6 years' imprisonment commencing on 3 August 2017 and expiring on 2 August 2023. Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant had pleaded guilty to an offence of causing grievous bodily harm with intent to cause grievous bodily harm – Where applicant asked the sentencing judge to take additional offences into account on a Form 1 – Where applicant had a severe psychotic mental illness which was causally related to his offending – Whether the sentencing judge erred in failing to give sufficient weight to the applicant's mental illness – Whether the sentencing judge erred in failing to give sufficient weight to the evidence of the applicant's childhood deprivation and exposure to alcohol abuse and violence – Whether the sentence was manifestly excessive – Objectively serious offending and an associated need to protect the community – Strong subjective case – Ground of appeal asserting manifest excess established – Special circumstances justifying adjustment of statutory ratio – Applicant re-sentenced Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Devaney v R [2012] NSWCCA 285 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 El-Chaar v R [2007] NSWCCA 16 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Perkins v R [2018] NSWCCA 62 R v Dodd (1991) 57 A Crim R 349 R v Engert (1985) 84 A Crim R 67 R v Rushby [1977] 1 NSWLR 594 Ryan v R [2009] NSWCCA 183 Tiknius v R (2011) 221 A Crim R 365; [2011] NSWCCA 215 Vaiusu v R [2017] NSWCCA 71 Category: Principal judgment Parties: Taylar Gregory Noonan – Applicant Regina – Respondent Representation: Counsel: S Fraser – Applicant B Baker – Respondent