Field v R [2015] NSWCCA 332

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Field v R [2015] NSWCCA 332 Hearing dates: 27 November 2015 Decision date: 23 December 2015 Before: Macfarlan JA at [1]; Johnson J at [103]; R A Hulme J at [107] Decision: Leave to appeal against conviction and sentence granted but the appeals dismissed Catchwords: CRIMINAL LAW – appeal against conviction – manslaughter – whether verdict unreasonable or not supported by the evidence – inconsistencies between witness accounts – inconsistencies did not give rise to doubt about whether applicant responsible for delivering fatal blow – no witness saw deceased struck by another person – jurors advantage in seeing and hearing witnesses give evidence – verdict not unreasonable or unsupported

CRIMINAL LAW – appeal against sentence – manslaughter – deceased died as a result of a single punch on leaving a hotel - whether sentence manifestly excessive – challenges to fact finding by primary judge – facts were open to be found – favourable subjective case – need for sentence to reflect objective serious of offence and need for general deterrence – sentence not unreasonable or unjust Legislation Cited: Crimes Act 1900 (NSW), ss 18, 24 Crims (Sentencing Procedure) Act 1999 (NSW) s 21A(3)(e)-(h) Criminal Appeal Act 1912 (NSW), s 6 Evidence Act 1995 (NSW), s 128 Cases Cited: BCM v The Queen [2013] HCA 48; 88 ALJR 101 Chamberlain v The Queen (No 2) [1984] HCA 7; 153 CLR 521 Lowndes v The Queen [1999] HCA 29; 195 CLR 665 M v The Queen [1994] HCA 63; 181 CLR 487 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mohamed v R [2008] NSWCCA 45 Morris v The Queen [1987] HCA 50; 163 CLR 454 R v Fidow [2004] NSWCCA 172 R v Hillier [2007] HCA 13; 228 CLR 618 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 Sio v R [2015] NSWCCA 42 SKA v The Queen [2011] HCA 13; 243 CLR 400 Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278 Category: Principal judgment Parties: Craig Steven Field (Applicant) Regina (Respondent) Representation: Counsel: A Bellanto QC (Applicant) N Noman SC (Respondent)