Elwood v R [2023] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Elwood v R [2023] NSWCCA 200 Hearing dates: 14 August 2023 Date of orders: 14 August 2023 Decision date: 17 August 2023 Before: Adamson JA, Wright J Fagan J Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – alleged manifest excess – offending constituted by single 3½ hour domestic violence episode – multiple offences against estranged partner and sister – multiple property offences and offences against police – prior record of domestic violence – disadvantaged Indigenous applicant – aggregate sentence not manifestly excessive – leave to appeal granted – appeal dismissed Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) Category: Principal judgment Parties: Connor Elwood (Applicant) Rex (Respondent) Representation: Counsel: S Fraser (Applicant) E Wilkins SC (Respondent)

Solicitors: Aboriginal Legal Service (NSW/ACT) (Applicant) Office of Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2021/00368701 Publication restriction: No Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Criminal Date of Decision: 15 September 2022 Before: Judge J Smith SC File Number(s): 2021/00368701