Wass v R [2022] NSWCCA 143

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wass v R [2022] NSWCCA 143 Hearing dates: 23 May 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Before: Beech-Jones CJ at CL at [1] Wilson J at [4] Dhanji J at [86] Decision: (1) Leave to appeal against sentence is granted; (2) Appeal dismissed. Catchwords: CRIME – SENTENCE – appeal against sentence imposed for reckless infliction of grievous bodily harm – whether the sentencing judge erred in finding risk of widespread COVID-19 infection in prison system diminished – whether error in failing to mitigate sentence due to COVID-19 – whether sentence manifestly excessive Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) Crimes Act 1900 (NSW), s 35 Crimes Act 1914 (Cth), s 20BQ Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 54A Criminal Appeal Act 1912 (NSW), s 5 Evidence Act 1995 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Cases Cited: BS v R [2021] NSWCCA Edmonds v R [2022] NSWCCA 103 Farkas v R [2014] NSWCCA 141; 243 A Crim R 388 Hoang v R [2020] NSWCCA 324 JJ v R [2020] NSWCCA 165 McKinnon v R [2020] NSWCCA 106 R v Bourchas [2002] NSWCCA 373; 133 A Crim R 413 R v Wass [2021] NSWDC 414 Rakielbakhour v DPP [2020] NSWSC 323 Scott v R [2020] NSWCCA 81 Category: Principal judgment Parties: Keith Wass (Applicant) Regina (Respondent) Representation: Counsel: M Crawford-Fish (Applicant) E Nicholson (Respondent)