McRae v R [2023] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McRae v R [2023] NSWCCA 55 Hearing dates: 13 February 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Before: Wilson J at [1] N Adams J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIME — Appeals — Application for leave to appeal – Appeal against sentence – whether sentencing judge conflated role of the offender with that of co-offenders – whether sentencing judge had undue regard to the activities of co-offenders CRIME — Appeals — Appeal against sentence — Manifest excess – whether correct to apply mathematical calculations Legislation Cited: Crimes Act 1900 (NSW), ss 193B(3), 193C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 5 Cases Cited: Hughes v R [2018] NSWCCA 2 Merheb v R [2021] NSWCCA 224 R v O'Donoghue (1988) 34 A Crim R 397 Category: Principal judgment Parties: Hayley McRae (Applicant) The Crown (Respondent) Representation: Counsel: D Roff (Applicant) S Lind (Respondent)

Solicitors: Maverick Lawyers (Applicant) Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2021/105336 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 14 April 2022 Before: King SC DCJ File Number(s): 2021/105336