Matia v R; R v Matia [2015] NSWCCA 79

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matia v R; R v Matia [2015] NSWCCA 79 Hearing dates: 27 October 2014 Decision date: 01 May 2015 Before: Hoeben CJ at CL at [1] R A Hulme J at [143] Davies J at [148] Decision: In the conviction appeal, leave to appeal is granted but the appeal is dismissed.

In the Crown's appeal against sentence, the appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – offence of manslaughter – single punch by security guard during confrontation – identification of security guard – whether verdict was unreasonable and unable to be supported by the evidence – Crown case made up of eye witness evidence and CCTV footage – conviction appeal dismissed – CROWN APPEAL AGAINST SENTENCE – whether sentence manifestly inadequate – security guard's actions to defend another – forceful punch not a reasonable response in the circumstances – Crown submissions inconsistent with findings of sentencing judge – appeal against sentence dismissed. Legislation Cited: Crimes Act 1900 – s18(1)(b) Cases Cited: Edwards v R [1993] HCA 63; 178 CLR 193 M v The Queen [1994] HCA 63; 181 CLR 487 Markarian v R [2005] HCA 25; 228 CLR 357 MFA v The Queen [2002] HCA 53; 213 CLR 606 Regina v Wang (NSWCCA, unreported, 11 February 1994) SKA v The Queen [2011] HCA 13; 243 CLR 400 Zoneff v R [2000] HCA 28; 200 CLR 234 Category: Principal judgment Parties: Lynn Matia – Applicant Regina – Respondent Crown Regina – Appellant Crown Lynn Matia - Respondent Representation: Counsel: M J Stratton SC/Ms N Mikhael – Applicant Ms JA Girdham SC/Mr C Everson - Respondent