Da-Pra v R; R v Da-Pra [2014] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 Hearing dates: 3 October 2013 Decision date: 03 October 2014 Before: Emmett JA at [1]; R A Hulme J and Bellew J at [174]; Decision: 1. Leave to appeal against conviction granted and appeal allowed in part. 2. Quash the conviction for the manslaughter of Gervasio Da-Pra and in lieu, enter a verdict of not guilty on the grounds of mental illness. Order that Renzo Da-Pra be detained in strict custody until released by due process of law. 3. Crown appeal against sentence allowed and sentences for the murder of EW and the infliction of grievous bodily harm with intent to murder VW quashed. In lieu, the respondent is sentenced as follows: Count 3 (infliction of grievous bodily harm with intent to murder VW): sentenced to imprisonment comprising a non-parole period of 7 years 6 months and a balance of the term of the sentence of 2 years 6 months. The sentence will date from 20 December 2009 with the non-parole period expiring on 19 June 2017 and the total term expiring on 19 December 2019. Count 2 (murder of EW): sentenced to imprisonment comprising a non-parole period of 13 years and a balance of the term of the sentence of 7 years. The sentence will date from 20 December 2014 with the non-parole period expiring on 19 December 2027 and the total term expiring on 19 December 2034. Catchwords: CRIMINAL LAW - appeal against conviction - mental illness - murder- manslaughter - jury did not completely reject unanimous psychiatric evidence - trial judge provided clear direction relating to unanimous psychiatric evidence - not necessary to determine whether verdicts are unreasonable or cannot be supported when s 7(4) Criminal Appeal Act is raised - jury ought to have found that defence of mental illness was made out in respect of the homicide of Gervasio Da-Pra - open to jury to reject defences in respect of killing of EW and wounding of VW