Day v R [2014] NSWCCA 333

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Day v R [2014] NSWCCA 333 Hearing dates: 4 August 2014 Decision date: 22 December 2014 Before: Hoeben CJ at CL at [1] McCallum J at [2] Bellew J at [50] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIMINAL LAW - appeal against sentence - motor vehicle manslaughter - whether the sentencing judge erred in failing to take into account the applicant's mental condition in assessing moral culpability - whether the sentencing judge erred in the proportion between the non-parole period and the overall sentence - whether the sentence is manifestly excessive Legislation Cited: Crimes Act 1900, ss 18(1) and 52A Cases Cited: R v Cramp [1999] NSWCCA 324; 110 A Crim R 198 R v Do [2000] NSWCCA 459; 32 MVR 411 R v Lawler (2007) 169 A Crim R 415 R v Ryan [2000] NSWSC 724 R v Winter [2012] NSWCCA 218 Category: Principal judgment Parties: Stephen John Day (Applicant) Regina (Respondent) Representation: Counsel: C Loukas SC (Applicant) N Williams (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/321996 Publication restriction: None Decision under appeal Date of Decision: 2013-02-08 00:00:00 Before: English DCJ File Number(s): 2010/321996