Horne v R [2023] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Horne v R [2023] NSWCCA 276 Hearing dates: 25 October 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Before: Ward ACJ; Fagan J; Sweeney J Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – where report of forensic psychiatrist tendered at sentence hearing alleged applicant abused during childhood – where psychiatrist's finding of abuse referred to notes of clinician who treated applicant as an adult – whether miscarriage of justice arose where representatives for applicant omitted to tender notes – notes containing more hearsay allegations of historical abuse of limited probative weight in the absence of firsthand evidence from applicant – sentencing judge's rejection of fact of abuse not due to absence of notes – ultimately factual finding of abuse not of itself significant to applicant's subjective case – no significant possibility of lesser sentence absent representative's failure Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Cases Cited: John Wayne Tsiakas v R [2015] NSWCCA 187 Rossall v R [2021] NSWCCA 200 Category: Principal judgment Parties: Rex (Crown) David Horne (Applicant) Representation: Counsel: I Nash (Applicant) J Styles (Crown)

Solicitors: Solicitor for Director of Public Prosecutions (NSW) (Crown) Ryan Payten Le (Applicant) File Number(s): 2020/247115 Publication restriction: No Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Criminal Date of Decision: 26 May 2022 Before: Hatzistergos DCJ File Number(s): 2020/247115