Newman v R [2021] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Newman v R [2021] NSWCCA 101 Hearing dates: 26 April 2021 Decision date: 21 May 2021 Before: Hoeben CJ at CL at [1]; N Adams J at [56]; Hidden AJ at [73] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – plea of guilty to offences of aggravated break enter and commit serious indictable offence, damage to property by fire and two counts of pervert the course of justice – whether applicant had experienced a disadvantaged background so as to attract the principles in Bugmy v The Queen – analysis by sentencing judge of report by psychologist – whether findings by sentencing judge concerning the psychologist's report were open to him – no error on the part of the sentencing judge established – leave to appeal granted but appeal against sentence dismissed. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AB v R [2014] NSWCCA 339 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Clarke v R [2015] NSWCCA 232 Dungay v R [2020] NSWCCA 209 Gibson v Regina [2019] NSWCCA 221 Hordern v R [2019] NSWCCA 138 Ingrey v R [2016] NSWCCA 31 Kliendienst v R [2020] NSWCCA 98 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v O'Donoghue (1988) 34 A Crim R 397 Category: Principal judgment Parties: Aden Newman – Applicant Regina – Respondent Representation: Counsel: R Khalilizadeh – Applicant H Roberts – Respondent