Dyer v R [2011] NSWCCA 185

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dyer v R [2011] NSWCCA 185 Hearing dates: 24 June 2011 Decision date: 16 August 2011 Before: McClellan CJ at CL at 1 Hidden J at 2 Johnson J at 5 Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - entering a building with intent to commit serious indictable offence (assault occasioning actual bodily harm) - sentencing Judge declined to find "special circumstances" - claim of error in failing to take into account Applicant's risk of institutionalisation as "special circumstances" - argument not advanced in District Court - error not established - no lesser sentence warranted in any event - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Dyer v R [2006] NSWCCA 274 R v Hemsley [2004] NSWCCA 228 R v Gower (1991) 56 A Crim R 115 R v Binnie [2000] NSWCCA 483 R v Visconti [1982] 2 NSWLR 104 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Lowndes v The Queen [1999] HCA 29; 195 CLR 665 Quayle v R [2010] NSWCCA 16 Edwards v R [2009] NSWCCA 199 Jackson v R [2010] NSWCCA 162 Category: Principal judgment Parties: Eric John Dyer (Applicant) Regina (Respondent) Representation: Mr IH Nash (Applicant) Ms V Lydiard (Respondent) Legal Aid Commission of New South Wales (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/8952 Decision under appeal Date of Decision: 2010-06-25 00:00:00 Before: Judge Keleman SC File Number(s): 2009/592