RYAN v R [2011] NSWCCA 69

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RYAN v R [2011] NSWCCA 69 Hearing dates: 8 March 2011 Decision date: 05 April 2011 Before: McCOLL JA [1] RS HULME J [2] HISLOP J [60] Decision: (i) Grant leave to appeal; (ii) Allow the appeal; (iii) Quash the sentences imposed by Sweeney DCJ on 12 March 2010; (iv) Remit the matter to the District Court in order that the Applicant may be re-sentenced. (v) Direct that, subject to any order made on an application for bail, or of the District Court, the Applicant be remanded in custody meanwhile. Catchwords: Criminal law - sentencing - relevance of mental condition - appeal fresh evidence Solicitor's incompetence Legislation Cited: Criminal Appeal Act 1912 Cases Cited: Many (1990) 51 A Crim 54 Araya & Joannes (1992) 63 A Crim R 123 Iglesias v R [2006] NSWCCA 261 Springer v R [2007] NSWCCA 289 Category: Principal judgment Parties: Aaron Terrence Ryan Regina Representation: Counsel: Mr Provera (Applicant) Mr PG Ingram SC (Crown) Solicitors: Greenfield Lawyers (Applicant) S Kavanagh Solicitor for Public Prosecutions (Crown) File Number(s): 2009/126576 2009/74494 Decision under appeal Date of Decision: 2010-03-12 00:00:00 Before: Sweeney DCJ File Number(s): 2009/126576