Raymond John Munro v Regina [2006] NSWCCA 350

New South Wales Court of Criminal Appeal

CITATION: Raymond John Munro v Regina [2006] NSWCCA 350 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 October 2006

JUDGMENT DATE: 8 November 2006

JUDGMENT OF: Beazley JA at 1; Sully J at 29; Hislop J at 30

DECISION: 1. Grant leave to appeal; 2. Appeal allowed; 3. Sentence quashed; 4. Remit the matter to the District Court for re-sentence.

CATCHWORDS: CRIMINAL LAW – sentencing – offence of infliction of grievous bodily harm – whether sentencing process miscarried due to incompetent representation by counsel - PRACTICE AND PROCEDURE – offender represented by counsel instructed by Aboriginal Legal Service – trial judge noted inadequacy of evidence – evidence adduced to minimise objective criminality was in hearsay form – evidence in hearsay form of little evidentiary value – whether incompetency of counsel or tactical decision – whether miscarriage of justice - SENTENCING – subjective circumstances of offender – Aboriginal offender – significantly disadvantaged background – evidence of background and of problems with alcohol in hearsay form – whether miscarriage of justice

LEGISLATION CITED: Crimes Act (NSW) 1900 s 33, 59 Criminal Appeal Act (NSW) 1912 s 12(2)

Nudd v The Queen (2006) 80 ALJR 614; [2006] HCA 9 R v Elfar [2003] NSWCCA 358 R v Fernando (1992) 76 A Crim R 58 CASES CITED: R v LBK [2001] NSWCCA 248 R v McGourty [2002] NSWCCA 335 R v Palu (2002) 134 A Crim R 174; [2002] NSWCCA 381 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353

PARTIES: Raymond John Munro (Appellant) Regina (Respondent)