Korovou v R [2021] NSWCCA 28

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Korovou v R [2021] NSWCCA 28 Hearing dates: 25 November 2020 Date of orders: 05 March 2021 Decision date: 05 March 2021 Before: Hoeben CJ at CL at [1]; Bellew J at [2]; Wright J at [3] Decision: (1) The applicant has leave to appeal. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal against sentence – Whether sentencing judge failed to consider the applicant's diagnosis of PTSD according to sentencing principles – Where no psychiatric evidence as to the applicant's mental condition and no evidence of causal connection with offending – Whether sentencing judge failed to give adequate reasons as to consideration of the applicant's PTSD – Departure on appeal from case put at first instance – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Barbieri v R [2016] NSWCCA 295 Griffin v R [2018] NSWCCA 259 Harkin v R [2020] NSWCCA 242 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 Lambkin v R [2020] NSWCCA 327 Lawless v The Queen (1979) 142 CLR 659; [1979] HCA 49 OGC v R [2016] NSWCCA 254 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Pita Korovou (Applicant) Regina (Crown) Representation: Counsel: S Lawrence with L Opper (Applicant) G Newtown (Crown)