Bidner v R [2024] NSWCCA 204

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bidner v R [2024] NSWCCA 204 Hearing dates: 18 September 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Before: Harrison CJ at CL at [1]; Davies J at [88]; Rigg J at [89] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – murder – sentencing judge found intention to kill established beyond reasonable doubt – whether sentencing judge erred – whether sentencing judge should have found intention to inflict serious bodily harm – intention to kill open on the evidence CRIME – appeals – appeal against sentence – Crown submission at trial that the deceased was run down unexpectedly and without warning – submission accepted by sentencing judge – sentencing judge inferred from submission that the deceased was not aware of the imminent attack – where agreed facts silent on what exactly occurred – evidence of other people present at the location of the murder – no evidence of conversation or anyone shouting a warning – evidence of the deceased not facing the vehicle at the time of collision – finding open on the evidence CRIME – appeals – appeal against sentence – background of disadvantage – drug use – no finding of causal connection – sentencing judge found the applicant's account of dysfunctional upbringing unsupported or contradicted by other evidence – finding open on the evidence Legislation Cited: Crimes (Sentencing Proceedings) Act 1999 (NSW) ss 3A, 21A, 25D Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Davies v R [2019] VSCA 66 Lawrence v R [2023] NSWCCA 110 Massaquoi v R [2024] NSWCCA 125 Nasrallah v R (2021) 105 NSWLR 451; [2021] NSWCCA 207 Newman v R [2021] NSWCCA 101 Ocek v R [2023] NSWCCA 308 R v Bidner (Sentence) [2023] NSWSC 880 R v O'Donoghue (1988) 34 A Crim R 397 Category: Principal judgment Parties: Adam Andrew Bidner (Applicant) Crown (Respondent) Representation: Counsel: B Neild SC (Applicant) E Nicholson (Respondent)