James v R [2021] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: James v R [2021] NSWCCA 23 Hearing dates: 1 December 2020 Date of orders: 03 March 2021 Decision date: 03 March 2021 Before: Brereton JA at [1] Bellew J at [85] Campbell J at [91] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentence imposed in the District Court on 19 February 2020 and in lieu thereof sentence the applicant to a term of four years imprisonment, with a non-parole period of nineteen months and five days, dating from 1 August 2019, so that he is eligible for release to parole on 5 March 2021. Catchwords: CRIME – Appeals – Appeal against sentence – Aggravated break and enter and steal – Whether sentencing judge erred in failing to take into account the extent and severity of the applicant's mental conditions – Whether sentencing judge erred in failing to determine whether and to what extent the applicant's mental conditions reduced his moral culpability for his offending behaviour Legislation Cited: (NSW) Crimes Act 1900, s 112(2) (NSW) Crimes (Sentencing Procedure) Act 1999, ss 10, 10A, 11, 44(2) Cases Cited: Aslan v R [2014] NSWCCA 114 Clarke-Jeffries v R [2019] NSWCCA 56 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Elturk v R (2014) 239 A Crim R 584; [2014] NSWCCA 61 Hung v R [2019] NSWCCA 303 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Power v The Queen (1974) 131 CLR 623; [1974] HCA 26 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Texts Cited: Nil Category: Principal judgment Parties: Matthew Christopher James (Applicant) Regina (Respondent) Representation: Counsel: D Barrow (Applicant) M Kumar (Respondent)