MN (a pseudonym) v R [2022] NSWCCA 78

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MN (a pseudonym) v R [2022] NSWCCA 78 Hearing dates: 1 April 2022 Decision date: 13 April 2022 Before: Simpson AJA at [1]; Adamson J at [2]; Bellew J at [34] Decision: Refuse leave to appeal Catchwords: CRIME — Appeals — Appeal against sentence — whether sentencing judge failed properly to take into account applicant's mental disorders CRIME — Appeals — Appeal against sentence — new evidence — whether to admit supplementary expert report Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Hemsley [2004] NSWCCA 228 Wang v R [2021] NSWCCA 282 Category: Principal judgment Parties: MN (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: S Odgers SC / S Pararajasingham (Applicant) E Wilkins SC (Respondent)

Solicitors: J Sutton Associates (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2018/41475 Publication restriction: Non-publication of any information or material that may lead to the identification of the applicant (Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7) Decision under appeal Court or tribunal: District Court of NSW Date of Decision: 23 October 2020 Before: Bright DCJ File Number(s): 2018/41475