Weaver v R [2021] NSWCCA 215

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Weaver v R [2021] NSWCCA 215 Hearing dates: 03 May 2021 Date of orders: 08 September 2021 Decision date: 08 September 2021 Before: Simpson AJA at [1] Garling J at [6] N Adams J at [131] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – Appeals – appeal against sentence –alleged incompetence of counsel resulting in a miscarriage of justice – tender of ERISP which adversely affected the applicant's case – whether sentencing judge erred in assessing the objective seriousness of the offences – whether applicant was punished for an offence of which he had not been convicted – whether sentence is manifestly excessive – leave to appeal is granted – appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Firearms Act 1996 Cases Cited: Cassidy v R [2012] NSWCCA 68 Environment Protection Authority v Wollondilly Abattoirs Pty Limited & Davis [2019] NSWCCA 312 Hanna v R [2017] NSWCCA 168 Hughes v R [2018] NSWCCA 2 R v Birks (1990) 19 NSWLR 677 The Queen v De Simoni [1981] HCA 31; (1981) 147 CLR 383 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124 John Wayne Tsiakas v R [2015] NSWCCA 187 Texts Cited: Not Applicable Category: Principal judgment Parties: Roger Byron Weaver (Applicant) The Crown (Respondent) Representation: Counsel: I Lloyd QC (Applicant) M Milward (Respondent)