Newburn v R [2022] NSWCCA 139

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Newburn v R [2022] NSWCCA 139 Hearing dates: 15 June 2022 Decision date: 29 June 2022 Before: Leeming JA; Garling J; Lonergan J Decision: 1. Leave to appeal against sentence granted. 2. Appeal allowed. 3. Sentence imposed on 17 December 2020 is quashed. 4. In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 4 years and 6 months commencing on 20 May 2019 and expiring on 19 November 2023, with a balance of term of 3 years expiring on 19 November 2026. Catchwords: SENTENCING — appeal against sentence — manslaughter on basis of excessive self-defence — assessment of the objective seriousness of the offending — necessity to identify the circumstances as the offender perceived them at the time of the criminal conduct — appeal allowed Legislation Cited: Crimes Act 1900 s 421 Cases Cited: Mulato v R [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Patel v R [2019] NSWCCA 170 Smith v R [2015] NSWCCA 193 Texts Cited: Not Applicable Category: Principal judgment Parties: Paul Newburn (App) The Crown (Resp) Representation: Counsel: T Quilter (App) B Hatfield (Resp)

Solicitors: M Schneider (App) Solicitor for Public Prosecutions (Resp) File Number(s): 2019/0021928 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2020] NSWSC 1878 Date of Decision: 17 December 2020 Before: Wilson J File Number(s): 2019/21928