McKay v R [2014] NSWCCA 187

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McKay v R [2014] NSWCCA 187 Hearing dates: 23 July 2014 Decision date: 17 September 2014 Before: Hoeben CJ at CL at [1] McCallum J at [75] Garling J at [76] Decision: In relation to both the conviction appeal and the application for leave to appeal against sentence, leave to appeal granted but appeal dismissed. Catchwords: CRIMINAL LAW - CONVICTION APPEAL - assault occasioning actual bodily harm - applicant and victim both prisoners - fight as a result of which victim suffered serious injury to an eye - whether verdict of jury was capable of being supported by the evidence - whether jury adopted an inappropriate line of reasoning - whether inconsistency in jury acquitting on primary judge but convicting on secondary charge - verdict open to jury - SENTENCE APPEAL - challenge to fact finding of sentencing judge - basis for challenge not established - appeal dismissed. Legislation Cited: Crimes Act 1900 - s 35(2), s 59 Evidence Act 1995 - s38 Cases Cited: Mackenzie v R [1996] HCA35; 190 CLR 348 MFA v R [2002] HCA 53; 213 CLR 606 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Matthew James McKay - Applicant Regina - Respondent Crown Representation: Counsel: Mr D Dalton SC - Applicant Ms V Lydiard - Respondent Solicitors: Michael Bowe - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2011/268992 Decision under appeal Date of Decision: 2013-05-17 00:00:00 Before: Huggett DCJ File Number(s): 2011/268992