Browning v R [2015] NSWCCA 147

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Browning v R [2015] NSWCCA 147 Hearing dates: 1 June 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Before: Gleeson JA at [1] Johnson J at [2] Garling J at [11] Decision: (1)Application for leave to appeal granted. (2)Appeal allowed. (3)Set aside the sentence imposed by Ellis DCJ in the District Court of NSW on 2 May 2014. (4)In lieu of that sentence, impose the following sentence: (a)The applicant is sentenced to a term of imprisonment for 7 years and 6 months to commence on 5 April 2013 and to expire on 4 October 2020. (b)A non-parole period of 4 years commencing on 5 April 2013 and expiring on 4 April 2017 is fixed. (5)The applicant is not to be released to parole before the expiry of his non parole period. Catchwords: CRIMINAL LAW – appeal – sentence – whether error in finding that offence in mid-range of seriousness – whether error that no connection between applicant's offending and depressive illness existed – whether failure to take into account mitigating factors – whether sentencing judge erred in inviting Crown to give opinion as to sentence – whether sentence manifestly excessive – no ground of appeal upheld – appeal allowed to amend agreed error in commencement date of sentence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Mental Health Act 2007 Cases Cited: Attorney General's Application Under Section 37 Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) [2002] NSWCCA 518; 56 NSWLR 146 Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; (2014) 88 ALJR 372 CMB v Attorney General for New South Wales [2015] HCA 9; (2015) 89 ALJR 407 John Fairfax Publications Pty Limited v Ryde Local Court [2005] NSWCA 101; 62 NSWLR 512 Mulato v R [2006] NSWCCA 282 R v Dinh [2010] NSWCCA 74; (2010) 199 A Crim R 573 R v Hamid [2006] NSWCCA 302; 164 A Crim R 179 Texts Cited: Not applicable Category: Principal judgment Parties: Peter Browning (Applicant) Regina Representation: Counsel: J I Ghabrial (Applicant) K McKay (Crown)