McLaughlin v R [2013] NSWCCA 152

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McLaughlin v R [2013] NSWCCA 152 Hearing dates: 24 April 2013 Decision date: 03 July 2013 Before: Latham J at [1] Button J at [2] Barr AJ at [58] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence -sentencing judge erred by finding offence aggravated by commission in presence of child - no lesser sentence warranted at law - sentence not manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Gore v R; Hunter v R [2010] NSWCCA 330; (2010) 208 A Crim R 353 R v Dunn [2004] NSWCCA 41; (2004) 144 A Crim R 180 R v Edigarov [2001] NSWCCA 436; (2001) 125 A Crim R 551 R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 R v Seymour [2012] NSWSC 1010 Category: Principal judgment Parties: Francis Downie McLaughlin (applicant) Crown (respondent) Representation: Counsel: H Cox (applicant) N Adams SC, J Davidson (respondent) Solicitors: Legal Aid NSW (applicant) Solicitor for Public Prosecutions File Number(s): 10/329464 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-04-05 00:00:00 Before: Syme DCJ File Number(s): 2010/329464