Clinton v R [2014] NSWCCA 320

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clinton v R [2014] NSWCCA 320 Hearing dates: 1 December 2014 Decision date: 18 December 2014 Before: Leeming JA at [1] McCallum J at [2] R A Hulme J at [50] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIMINAL LAW - appeal against sentence - whether the sentencing judge erred in rejecting the possibility of the charges being dealt with summarily as a circumstance for reducing sentences - whether the sentencing judge erred in adopting an averaging approach to the reduction for plea - whether the sentencing judge erred in finding that the applicant showed an attitude of continuing disobedience warranting emphasis on specific deterrence - whether the sentencing judge erred in failing to take into account or sufficiently take into account the subjective matters - whether the total sentence was unduly harsh or severe Legislation Cited: Crimes Act 1900, ss 33B(1)(a), 59(1), 61, 195(1)(a) Crimes (Domestic and Personal Violence) Act 2007, ss 13(1) and 14(1) Crimes (Sentencing Procedure) Act, s 5 Criminal Procedure Act 1986, ss 166 and 260 Cases Cited: Elias v R; Issa v R [2013] HCA 31 Kentwell v R [2014] HCA 37 Zreika v The Queen [2012] NSWCCA 44 Category: Principal judgment Parties: Mitchell Clinton (Applicant) Regina (Respondent) Representation: Counsel: Ramage QC (Applicant) Lydiard (Respondent) Solicitors: Jeffreys Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/99056 Publication restriction: None Decision under appeal Date of Decision: 2014-01-17 00:00:00 Before: Freeman ADCJ File Number(s): 2012/99056