Pitt v R [2014] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pitt v R [2014] NSWCCA 70 Hearing dates: 23 April 2014 Decision date: 07 May 2014 Before: Simpson J at [1]; Hall J at [71];Harrison J at [72] Decision: (i) leave to appeal granted; (ii) appeal allowed, sentence quashed; (iii) in lieu thereof, the applicant be sentenced to 5 years imprisonment made up of a non-parole period of 3 years, commencing on 17 January 2011 and expiring on 16 January 2014, with a balance of term of 2 years, expiring on 16 January 2016. Catchwords: CRIMINAL LAW - appeal - sentence - manslaughter - plea of guilty - substantial impairment by abnormality of mind - s 23A Crimes Act 1900 - whether sentence manifestly excessive - error found - whether error in failure to find special circumstances or in failure to vary statutory ratio to reflect special circumstances - error found - leave to appeal granted - appeal allowed - sentence quashed - applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(c), s 44(2) Crimes Act 1900 (NSW), s 23A Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 R v Chen [2012] NSWSC 1000 R v Engert (1995) 84 A Crim R 67 R v Hollaway [2013] NSWSC 218 R v Terrence David Kain [2013] NSWSC 638 Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: Leonard Arthur Pitt (Applicant) Regina (Respondent) Representation: Counsel: E Ozen (Applicant) V Lydiard (Respondent) Solicitors: Aboriginal Legal Services (NSW/Act) Ltd (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/15850 Decision under appeal Jurisdiction: 9111 Citation: R v Pitt [2012] NSWSC 1549 Date of Decision: 2012-12-14 00:00:00 Before: Latham J File Number(s): 2011/15850