Craft v R [2021] NSWCCA 131

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Craft v R [2021] NSWCCA 131 Hearing dates: 19 May 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Before: Garling J at [1]; Beech-Jones J at [2]; N Adams J at [3]. Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME — Appeals — Appeal against sentence – whether sentencing judge erred in failing to reduce moral culpability due to the applicant's cognitive impairment and mental health condition – where sentencing judge found that there was insufficient evidence of a causal link such as to warrant a reduction in moral culpability – where the sentencing judge found special circumstances and found that the applicant's time in custody would be more onerous due to his mental condition – where the sentencing judge found reduced moral culpability due to childhood deprivation – whether it was not open to the sentencing judge to find insufficient evidence of a causal link – where mental conditions taken into account in other ways – where mental conditions closely linked to childhood deprivation – held, no error Legislation Cited: Crimes Act 1900 (NSW), ss 35(4), 59(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Johnston v R [2021] NSWCCA 86 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Engert (1995) 84 A Crim R 67 Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14 R v O'Donoghue (1988) 34 A Crim R 397 Category: Principal judgment Parties: Paiaka Hikurangi Craft (Applicant) Regina (Respondent) Representation: Counsel: S Corish (Applicant) K Jeffreys (Respondent)