DA v R [2014] NSWCCA 306

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DA v R [2014] NSWCCA 306 Hearing dates: 12 September 2014 Decision date: 12 December 2014 Before: Hoeben CJ at CL at [1]; Fullerton J at [2]; Hamill J at [3]. Decision: (1) Application for leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - SENTENCE APPEAL - young offender - intellectual disability - ADHD - relevance to sentence - whether judge erred in failing to take into account in assessing moral culpability - absence of direct evidence before District Court - whether judge erred in drawing inferences from agreed facts Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Elliot and Blessington [2006] NSWCCA 305; 164 A Crim R 208 R v Israil [2002] NSWCCA 255 Slade v The Queen [2005] NZCA 19 Category: Principal judgment Parties: DA (Applicant) Crown (Respondent) Representation: Counsel: C Bruce (Applicant) T Smith (Respondent)

Solicitors: Aboriginal Legal Service (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/59027 Publication restriction: Suppression of the name of the accused and co-offenders Decision under appeal Date of Decision: 01 November 2013 Before: Wells DCJ File Number(s): 2013/59027