Vulovic v R [2013] NSWCCA 340

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vulovic v R [2013] NSWCCA 340 Hearing dates: 31 October 2013 Decision date: 20 December 2013 Before: Simpson J; RA Hulme J; Barr AJ Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: APPEAL - CRIMINAL LAW - sentence appeal - directions and findings as to provocation - whether error in finding the provocative conduct did not constitute a high degree of provocation - whether error in finding no casual nexus between crime and mental illness - whether error in finding custodial sentence would not be more onerous by reason of mental illness. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cheung v The Queen [2001] HCA 67; (2001) 209 CLR 1 R v Isaacs (1997) 41 NSWLR 374 R v Hemsley [2004] NSWSC 228 Category: Principal judgment Parties: Milija Vulovic (Applicant) Regina (Respondent) Representation: Counsel: G Brady, H Chiu (Applicant) H Wilson SC (Respondent) Solicitors: Nyman Gibson Stewart (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 09/250160 Publication restriction: None Decision under appeal Citation: R v Vulovic (No 4) [2012] NSWSC 212 Date of Decision: 2012-03-15 00:00:00 Before: Johnson J File Number(s): 09/250160