Noud v R [2023] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Noud v R [2023] NSWCCA 157 Hearing dates: 21 April 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Before: Davies J at [1] Fagan J at [123] Yehia J at [124] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – one count of domestic violence related intimidation – multiple firearm offences – three related offences on a s 166 certificate – unreasonableness arising from inconsistent verdicts – physical and verbal domestic argument – where applicant waved a gun at the complainant – three other firearms found at the premises – evidence of an admission the applicant had possession of the guns – where applicant acquitted on some counts but not others – where complainant's evidence essential to each count - whether acquittals can be explained without doubting complainant's credibility – where jury rejected allegation by applicant of a set-up by the complainant – detailed evidence by the complainant of the guilty verdict count – minor discrepancies in complainant's evidence – appeal dismissed CRIME – appeals – appeal against sentence – by applicant – whether sentencing judge failed to take into account general and specific deterrence – where applicant had mental health issues – where matters related to mental health and the reduced need for deterrence were put to the judge – where such matters were not considered – failure to give adequate reasons – ground upheld – no lesser sentence warranted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 61, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Firearms Act 1996 (NSW) ss 7A, 36, 62 Weapons Prohibition Act 1998 (NSW) s 7 Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 Craig v The Queen (2018) 264 CLR 202; [2018] HCA 13 Dansie v The Queen [2022] HCA 25; (2022) 96 ALJR 728 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Douglass v The Queen [2012] HCA 34; (2012) 86 ALJR 1086 Hamilton (a pseudonym) v The Queen [2021] HCA 33; (2021) 95 ALJR 894 Lee, Matthew v R [2016] NSWCCA 146 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Lachlan [2015] NSWCCA 178; (2015) 252 A Crim R 277 TK v R (2009) 74 NSWLR 299; [2009] NSWCCA 151 Walker v R (2019) 96 NSWLR 1; [2019] NSWCCA 4 Texts Cited: Nil Category: Principal judgment Parties: Michael John Noud (Applicant) The King (Respondent) Representation: Counsel: B Robinson (Applicant) J Styles (Respondent)