Blake v R [2021] NSWCCA 258

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Blake v R [2021] NSWCCA 258 Hearing dates: 13 October 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Before: Leeming JA at [1]; Fullerton J at [2]; R A Hulme J at [3] Decision: Leave to appeal refused Catchwords: CRIME – sentence appeal – mental illness – medical opinion that Major Depressive Disorder combined with substance use contributed directly to offences – alcohol – benzodiazepines – moral culpability reduced "somewhat" – significance of general deterrence reduced "to some extent" but still important – De La Rosa principles not absolute – no suggestion offender acted without knowledge of his actions and their gravity – sentencing judge's approach appropriate – ground dismissed CRIME – sentence appeal – manifest excess – aggregate sentence – guilty pleas – specially aggravated enter dwelling with intent to commit serious indictable offence – intimidation – detain person for advantage – use unauthorised firearm – substantial notional concurrency – considerable psychological trauma to victims – vulnerable victims – ground dismissed – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 86(1)(b), 111(3) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2) Firearms Act 1996 (NSW), s 7A Mental Health Act 2007 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 R v Wright (1997) 93 A Crim R 48 Category: Principal judgment Parties: Andrew Paul Blake (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicant) Ms C Dodds (Crown)