Eden v R [2023] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Eden v R [2023] NSWCCA 31 Hearing dates: 31 January 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Before: Gleeson JA at [1] Fagan J at [2] Dhanji J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME — appeals — appeal against sentence — whether there is a miscarriage of justice on the basis that evidence was not before the sentencing judge – where the applicant suffers from Foetal Alcohol Spectrum Disorder – whether an impairment in executive functioning in the context of offending impacted the assessment of objective seriousness – where new evidence had the capacity to undermine the case led on sentence – where the sentencing judge gave significant weight to the applicant's subjective case – refusal to admit new evidence – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Anderson v R [2022] NSWCCA 187 Barnes v R [2022] NSWCCA 140 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Clarke Jeffries v R [2019] NSWCCA 56 DS v R; DM v R [2022] NSWCCA 156 Munda v The State of Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Dodd (1991) 57 A Crim R 349 R v Engert (1995) 84 A Crim R 67 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Wendy Olive Lawrence [2005] NSWCCA 91 Wentworth v R [2022] NSWCCA 293 Category: Principal judgment Parties: Hayden Eden (Applicant) Rex (Respondent) Representation: Counsel: R Thomas (Applicant) E Nicholson (Respondent)