Phanekham v R [2015] NSWCCA 295

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Phanekham v R [2015] NSWCCA 295 Hearing dates: 17 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Before: Ward JA Adams J Bellew J Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Applicant convicted of manslaughter – Where report of psychiatrist was tendered before the sentencing judge - No submission made that the applicant was an inappropriate vehicle for general deterrence on account of his mental state – No submission made that the applicant's conditions of custody would be rendered more onerous as a result of his mental state – Where sentencing judge concluded that there was no causal connection between the applicant's mental state and his offending – Where sentencing judge concluded that in light of the factual findings he had made regarding the offending considerations of general and specific deterrence remained significant – Whether sentencing judge erred in so concluding – Whether injustice arose from the failure of counsel at first instance to make submissions to the sentencing judge regarding the applicant's mental state – Appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Dicianni v R; Pintabona v R [2015] NSWCCA 201 Iskandar v R [2013] NSWCCA 235 Romero v R [2011] VSCA 45; (2011) 32 VR 486 R v Engert (1995) 84 A Crim R 67 R v Phanekham (No 3) [2014] NSWSC 508 Category: Principal judgment Parties: Viengsavanh Phanekham - Application Regina - Respondent Representation: Counsel: Mr W Hunt - Applicant Mr P Ingram SC – Respondent