Shortland v R [2024] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shortland v R [2024] NSWCCA 174 Hearing dates: 16 August 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Before: Stern JA at [1]; Cavanagh J at [90]; Sweeney J at [102]. Decision: (1) Time for filing application for leave to appeal extended to 15 December 2023. (2) Leave to appeal granted. (3) Appeal allowed. (4) Set aside the sentence imposed on the applicant on 29 July 2022. (5) Remit the proceedings to the District Court for re-sentence by Harris DCJ. Catchwords: CRIME – Appeals – appeal against sentence – where expert evidence was unavailable at sentencing hearing – where applicant gave instructions not to adjourn sentencing hearing to obtain expert evidence – where it was unclear what advice was given to the applicant – whether there was a miscarriage of justice CRIME – Appeals – appeal against sentence – whether pre-sentence custody was taken into account CRIME – Appeals – appeal against sentence – extension of time in which to appeal Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 47(3) Crimes Act 1900 (NSW), ss 192E(1)(b), 322(1)(a) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 3.1(3) Cases Cited: DC v R [2023] NSWCCA 82 DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 John Wayne Tsiakas v R [2015] NSWCCA 187 Johnston v R [2017] NSWCCA 53 Lloyd v R [2022] NSWCCA 18 Nudd v R [2006] HCA 9; 80 ALJR 614 Pym v R [2014] NSWCCA 182 R v Fordham (1997) 98 A Crim R 359 R v Jiminez [1999] NSWCCA 7 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 Rae v R [2019] NSWCCA 284 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed) Category: Principal judgment Parties: Michael Shortland (Applicant) Rex (Respondent) Representation: Counsel: S Pararajasingham and C Akthar (Applicant) B Hatfield SC (Respondent)