Saunders v R [2022] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Saunders v R [2022] NSWCCA 174 Hearing dates: 22 July 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Before: Beech-Jones CJ at CL at [1]; Price J at [2]; Lonergan J at [70] Decision: 1.Leave to appeal granted. 2.Appeal dismissed. Catchwords: CRIME – Appeal against sentence – procedural fairness – limited prior criminal history – where written submissions referred to leniency – not raised on oral submissions by the parties or the Judge – whether procedural fairness denied as issue not opened up by the Judge – whether applicant had a legitimate expectation that written submissions would be accepted – discretionary matter for the Judge – whether Judge had made the finding that grounded the appeal – whether leniency extended because of limited prior criminal history Legislation Cited: Crimes Act 1900 (NSW), ss 37(1), 59(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(e) Cases Cited: Brown v R [2020] NSWCCA 132 Mustafa v R [2021] NSWCCA 164 Pantorno v The Queen (1989) 166 CLR 466; 38 A Crim R 258; [1989] HCA 18 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Weir v Regina [2011] NSWCCA 123 Category: Principal judgment Parties: David James Saunders (Applicant) Regina (Respondent) Representation: Counsel: W Burton (Applicant) E Wilkins SC (Respondent)