Flanagan v R [2013] NSWCCA 320

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Flanagan v R [2013] NSWCCA 320 Hearing dates: 8 May 2013 Decision date: 20 December 2013 Before: Beazley P; Fullerton J; Campbell J Decision: (1) Leave granted to advance ground 4; (2) Appeal dismissed; (3) Under the Criminal Appeal Act 1912, s 28A, the sentence imposed on the appellant in the District Court of New South Wales on 28 June 2012 for the offence of wounding with intent to cause grievous bodily harm is to re-commence today, Friday 20 December 2013. The non-parole period will expire after 1 month and 27 days on 15 February 2014. The additional term expires on 14 October 2015; (4) The appellant is to be released on parole on 16 February 2014 subject to the supervision prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999 during the balance of her term of imprisonment. Catchwords: CRIMINAL LAW - appeal against conviction - whether trial judge's failure to leave self-defence to the jury occasioned a miscarriage of justice - whether leave should be granted under the Criminal Appeal Rules, r 4.

CRIMINAL LAW - appeal against conviction - whether trial judge's failure to explain the legal consequences of an accidental wounding occasioned a miscarriage of justice - whether leave should be granted under the Criminal Appeal Rules, r 4.

CRIMINAL LAW - appeal against conviction - whether trial judge's summing up occasioned a miscarriage of justice - whether leave should be granted under the Criminal Appeal Rules, r 4.