Cornish v R [2015] NSWCCA 256

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cornish v R [2015] NSWCCA 256 Hearing dates: 24 July 2015 Decision date: 24 September 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – drug and firearms offences – aggregate sentence imposed – whether sentencing judge failed to assess adequately the objective seriousness of the offences – whether the sentencing judge erred in failing to give sufficient weight to the applicant's schizophrenia – whether the sentence was manifestly excessive – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 193C(1), 556A Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A, Div 1A Criminal Procedure Act 1986 (NSW), s 166 Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 23(1)(a), 25(1), 29, Sch 1 Firearms Act 1996 (NSW), ss 7(1), 51D(2), 65(3) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579 Category: Principal judgment Parties: Matthew Cornish (Applicant) Regina (Respondent) Representation: Counsel: S Russell (Applicant) M Cinque (Respondent)

Solicitors: P M Murphy (Applicant) C Hyland – Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/295015 Decision under appeal Court or tribunal: District Court Date of Decision: 23 May 2014 Before: Walmsley SC ADCJ File Number(s): 2013/295015