Catley v R [2014] NSWCCA 249

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Catley v R [2014] NSWCCA 249 Hearing dates: 7 May 2014 Decision date: 31 October 2014 Before: Bathurst CJ at [1]; Johnson J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - manslaughter as a result of substantial impairment - related offences of killing animal with intent to inflict severe pain - judge did not disregard effect of depression on impairment - impairment not significantly greater than required for finding of substantial impairment - asserted error in disregarding mental condition in assessing moral culpability not established - general deterrence a relevant consideration in substantial impairment manslaughter - finding not required in this case that less weight should be given to general deterrence - no evidence that mental condition would make custody more onerous - sentences and degree of accumulation not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Heatley v R [2008] NSWCCA 226 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Pitt v R [2014] NSWCCA 70 R v Antaky [2007] NSWSC 1047 R v Barton (Court of Criminal Appeal (NSW), 28 July 1995, unrep) R v Chayna (Court of Criminal Appeal (NSW), 8 June 1993, unrep) R v Cooper (Court of Criminal Appeal (NSW), 24 February 1998, unrep) R v Keceski (Court of Criminal Appeal (NSW), 10 August 1993, unrep) R v Troja (Court of Criminal Appeal (NSW), 16 July 1991, unrep) Category: Principal judgment Parties: Craig Catley (Applicant) Regina (Respondent) Representation: Counsel: Ms R Burgess (Applicant) Ms N Noman SC (Crown) Solicitors: Aboriginal Legal Service (NSW/ACT) Solicitor for Public Prosecutions File Number(s): 2009/230658 Decision under appeal Jurisdiction: 9111 Date of Decision: 2011-11-18 00:00:00 Before: Barr AJ File Number(s): 2009/230658