McCosker v R [2022] NSWCCA 127

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McCosker v R [2022] NSWCCA 127 Hearing dates: 3 June 2022 Decision date: 17 June 2022 Before: Beech-Jones CJ at CL; Adamson J; Bellew J Decision: (1) Leave to appeal granted in respect of grounds (1), (2) and (3). (2) Leave refused in respect of ground (4). (3) Appeal dismissed. Catchwords: CRIME — Appeals — Appeal against sentence — whether disparity between sentence imposed on applicant compared to co-offender — where open to sentencing judge to assess relative culpability as similar — where open to sentencing judge to impose same pre-discount sentence on both offenders — leave to appeal granted — ground not made out CRIME — Appeals — Appeal against sentence — whether sentencing judge could make finding on time of death based on evidence — where evidence existed — where ground devoid of merit and unduly technical — leave to appeal not granted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Criminal Appeal Act 1912 (NSW), s 5 Evidence Act 1995 (NSW), ss 4, 191 Cases Cited: ASP v R [2007] NSWSC 339 Lloyd v R [2017] NSWCCA 303 R v Garforth (Court of Criminal Appeal (NSW), 23 May 1994, unrep) R v Isaacs (1997) 41 NSWLR 374 R v Stone [2020] NSWSC 1485 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: Troy Lee McCosker (Applicant) Regina (Respondent) Representation: Counsel: R J Wilson SC (Applicant) M Kumar / D Beaufils (Respondent)