Brown v R [2024] NSWCCA 143

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2024] NSWCCA 143 Hearing dates: 24 June 2024 Date of orders: 05 August 2024 Decision date: 05 August 2024 Before: Harrison CJ at CL at [1] Garling J at [5] Faulkner J at [70] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Application for leave to appeal – Whether the sentencing judge erred in finding that factors contributing to the disadvantage and mental health of the applicant increased the importance of community protection – Whether such disadvantage and mental health factors ought to have moderated the moral culpability of the offender – Whether the sentencing judge erred in the assessment of the indicative sentence – Whether the sentence was manifestly excessive. Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Criminal Appeal Act 1912 Cases Cited: JM v R [2014] NSWCCA 297 Obeid v R [2017] NSWCCA 221; (2017) 96 NSWLR 155 Texts Cited: Not Applicable Category: Principal judgment Parties: Mitchell Brown (Appellant) The Crown (Respondent) Representation: Counsel: S Kluss (Applicant) S Traynor (Crown)

Solicitors: Ross Hill & Associates (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2022/340385; 2023/82852 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 29 February 2024 Before: Abadee DCJ File Number(s): 2022/340385; 2023/82852