Ryan v R; Coulter v R [2013] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ryan v R; Coulter v R [2013] NSWCCA 175 Hearing dates: 11 April 2013 Decision date: 29 July 2013 Before: Simpson J at [1]; Price J at [83]; Harrison J at [84] Decision: Helen Ryan: (i) Leave granted to appeal against sentence; (ii) Appeal dismissed. Coralie Coulter: (i) Appeal against conviction dismissed; (ii) Leave granted to appeal against sentence; (iii) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW - appeal - murder - conviction - leave required under r 4 of the Criminal Appeal Rules to argue sole ground of appeal - whether error in failing to leave partial defence under s 421 of the Crimes Act 1900 to the jury - no evidence which required s 421 issue to be left to jury - leave to argue ground refused - appeal dismissed

CRIMINAL LAW - sentence - murder - application for leave to appeal against sentence - whether sentence manifestly excessive - no error found - leave to appeal granted - appeal dismissed

CRIMINAL LAW - sentence - murder - application for leave to appeal against sentence - whether sentence manifestly excessive - whether error in departure from the standard non-parole period - whether error in findings relating to appellant's prospects of rehabilitation - whether insufficient attention given to mitigating factors in s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 - whether error in not adequately disclosing reasons for exceeding non-parole period - no error found - leave to appeal granted - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Rules Surveillance Devices Act 2007 Cases Cited: Barton v Regina [2009] NSWCCA 164 Braysich v The Queen [2011] HCA 14; 243 CLR 434 Des Rosiers v Regina [2006] NSWCCA 16 Fingleton v The Queen [2005] HCA 34; 227 CLR 166 Goebel-McGregor v R [2006] NSWCCA 390 Pemble v The Queen [1971] HCA 20; 124 CLR 107 R v Braham (1994) 73 A Crim R 353 R v Ceniccola [2011] NSWSC 302 R v Chen (2003) 138 A Crim R 433 R v Holyoak (1995) 82 A Crim R 502 Category: Principal judgment Parties: 2009/282687 Helen Kay Ryan (Appellant) Regina (Respondent)