Ward v R [2022] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ward v R [2022] NSWCCA 290 Hearing dates: 16 November 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Before: Basten AJA at [1]; Harrison J at [2]; Fagan J at [3] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Quash the sentence imposed in the District Court on 7 May 2021 and in lieu thereof sentence the applicant to imprisonment for a term of 5 years and 6 months commencing on 20 August 2020 and expiring on 19 February 2026 with a non-parole period of 3 years and 3 months expiring on 19 November 2023. The earliest date upon which the applicant would be eligible for parole would be 19 November 2023. Catchwords: CRIME – sentence appeal – where the applicant pleaded guilty to one count of specially aggravated break and enter – whether error in considering the impact of the applicant's mental health on his moral culpability – no error shown –manifest excess – consideration of comparable cases committed in a domestic setting – sentence plainly unjust – resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Harper v R [2017] NSWCCA 159 Hunter v R [2020] NSWCCA 285 Kelly v R [2007] NSWCCA 357 McDonald v R [2014] NSWCCA 127 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Campbell [2014] NSWCCA 102 R v Cheh [2009] NSWCCA 134 R v Ford [2020] NSWCCA 99 R v Primmer [2020] NSWCCA 50 Category: Principal judgment Parties: Braydin Ward (applicant) Rex (respondent) Representation: Counsel: S Fraser (applicant) E Jones (respondent)