Edwards v R [2023] NSWCCA 313

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Edwards v R [2023] NSWCCA 313 Hearing dates: 24 November 2023 Decision date: 08 December 2023 Before: Ward P at [1]; Button J at [2]; Ierace J at [25] Decision: 1) Leave to appeal against sentence granted. 2) Appeal against sentence dismissed. Catchwords: CRIME – appeals – appeal against sentence – where applicant convicted of affray and two counts of assaulting police – where applicant on conditional liberty at the time of offending – parole revoked – imposed sentence partially cumulative upon balance of parole to very small degree – whether sentence imposed failed to reflect sentencing judge's finding of special circumstances when regard is had to the total effective sentence and total minimum period to be served by the applicant in custody – suggestion that applicant lost the opportunity to be re-released on parole purely hypothetical in the circumstances – no error on part of sentencing judge – appeal dismissed Cases Cited: R v Close (1992) 31 NSWLR 743; (1992) 65 A Crim R 55 Simpson v R (1992) 61 A Crim R 58 Zreika v The Queen (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: David Edwards (Applicant) Rex (Respondent) Representation: Counsel: I McLachlan (Applicant) E Wilkins SC (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2021/337977 Decision under appeal Court or tribunal: District Court Orange Jurisdiction: Criminal Date of Decision: 13 December 2022 Before: Musgrave DCJ File Number(s): 2021/00337977