Hay v R [2013] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hay v R [2013] NSWCCA 22 Hearing dates: 11 December 2012 Decision date: 13 February 2013 Before: Simpson J at [1]; Fullerton J at [53]; Davies J at [54] Decision: (i) Appeal against conviction dismissed; (ii) Leave granted to appeal against sentence; (iii) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW - appeal - conviction - appellant convicted by jury of offences against s 307.2(1) and s 11.5(1) of the Criminal Code (Cth) - whether a miscarriage of justice - whether there was fresh evidence - no fresh evidence - appeal against conviction dismissed - CRIMINAL LAW - application for leave to appeal against sentence - whether there was a failure to take into account evidence of appellant's medical condition -whether there was an error regarding the issue of parity with co-offender - whether the sentences were too severe when effect upon appellant's family is considered - all grounds rejected - leave to appeal against sentence granted - appeal dismissed Legislation Cited: Criminal Code (Cth) Cases Cited: Gallagher v The Queen [1986] HCA 26; (1986) 160 CLR 392 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540 Mickelberg v The Queen [1989] HCA 35; 167 CLR 259 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Abou-Chabake [2004] NSWCCA 356; 49 A Crim R 417 R v Edwards (1996) A Crim R 510 Ratten v The Queen [1974] HCA 35; (1974) 131 CLR 510 Category: Principal judgment Parties: Matthew Robert Hay (Appellant) Regina (Respondent) Representation: Counsel: D Hawkins (Appellant) C P O'Donnell (Respondent) Solicitors: City Attorneys (Appellant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2009/209616 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-23 00:00:00 Before: Zahra DCJ File Number(s): 2009/209616