Kaisuva v R; Soro v R [2021] NSWCCA 326

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kaisuva v R; Soro v R [2021] NSWCCA 326 Hearing dates: 10 December 2021 Date of orders: 30 December 2021 Decision date: 30 December 2021 Before: Basten JA at [1] Davies J at [6] Button J at [146] Decision: (1) On the application for leave to appeal by Jacob Kaisuva: (a) Grant leave to appeal. (b) Appeal dismissed. (2) On the application for leave to appeal by Viliame Soro: (a) Grant leave to appeal. (b) Appeal dismissed. Catchwords: CRIME – appeal against sentence – applicants pleaded guilty to one count each of aggravated break and enter dwelling and commit a serious indictable offence – whether sentencing judge made erroneous findings of fact – finding made contrary to unchallenged evidence – whether sentencing judge erred in finding that extra-curial punishment applied to self-inflicted injury – whether sentencing judge erred in finding the applicant lied to forensic psychologist – adverse inference drawn against the accused – resentence – no lesser sentence warranted in law – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 112 Cases Cited: Alameddine v R [2006] NSWCCA 317 Christodoulou v R [2008] NSWCCA 102 Cvetkovic v R [2013] NSWCCA 66 Elyard v R [2006] NSWCCA 43 Quinn v R [2018] NSWCCA 297 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Nil Category: Principal judgment Parties: Jacob Kaisuva (Applicant) Viliame Cola Soro (Applicant) Crown (Respondent) Representation: Counsel: H White (Applicant Jacob Kaisuva) R Rodger (Applicant Viliame Cola Soro) E Balodis (Respondent)