O’Rafferty v R [2024] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Rafferty v R [2024] NSWCCA 189 Hearing dates: 23 August 2024 Date of orders: 23 August 2024 Decision date: 16 October 2024 Before: Davies J at [1]; Wright J at [2]; Rigg J at [3] Decision: (1) Grant leave to appeal; (2) Allow the appeal; (3) Quash the sentence imposed by the District Court on 29 February 2024; (4) Resentence the appellant to a sentence of imprisonment of two years and three months commencing 14 February 2023 and expiring 13 May 2025 with a non-parole period of 18 months expiring 13 August 2024. Catchwords: CRIME – appeals – appeal against sentence – where expert evidence was not put before sentencing judge – whether there was a miscarriage of justice – whether evidence capable of materially affecting the outcome of the sentence proceedings – appeal allowed – resentence Legislation Cited: Crimes Act 1900 (NSW), ss 94, 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 66(3) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Bugmy v The Queen (2013) 349 CLR 571; [2013] HCA 37 John Wane Tsiakas v R [2015] NSWCCA 187 Category: Principal judgment Parties: Hayden O'Rafferty (Applicant) Rex (Respondent) Representation: Counsel: A Chhabra / M Wallis (Applicant) J Styles (Respondent)