Hanna v R [2015] NSWCCA 326

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hanna v R [2015] NSWCCA 326 Hearing dates: 2 December 2015 Decision date: 18 December 2015 Before: Leeming JA at [1] Johnson J at [2] R A Hulme J at [126] Decision: 1. The tender of the additional evidence relied upon by the Applicant in support of Ground 2 is rejected. 2. Leave to appeal is granted. 3. The appeal is dismissed. Catchwords: CRIMINAL LAW – sentencing – Applicant pleaded guilty to a number of drug supply offences and sentenced to aggregate term of imprisonment for five years with a non-parole period of three years – Applicant suffers from significant physical disabilities and depression – whether sentencing Judge failed to sufficiently take into account Applicant's physical disabilities or depression – open to sentencing Judge to take into account Applicant's physical and mental conditions in the way that he did – whether sentencing process miscarried as a result of an incorrect understanding of the extent and future physical effects of the Applicant's physical condition at time of sentence – additional evidence sought to be admitted on appeal – whether miscarriage of justice occasioned by absence of additional evidence at first instance – tender of additional evidence rejected – whether sentence manifestly excessive – sentence not unreasonable or plainly unjust – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Achurch v R (No. 2) [2013] NSWCCA 117; 84 NSWLR 328 Achurch v The Queen [2014] HCA 10; 253 CLR 141 Bland v R [2014] NSWCCA 82; 241 A Crim R 51 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Grant v R [2014] NSWCCA 67 Inglesias v R [2006] NSWCCA 261 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Achurch [2011] NSWCCA 186; 216 A Crim R 152 R v CBK [2002] NSWCCA 457; 135 A Crim R 260 R v GWM [2012] NSWCCA 240 Turkmani v R [2014] NSWCCA 186 Category: Principal judgment Parties: Raymond Hanna (Applicant) Regina (Respondent) Representation: Counsel: Mr MC Ramage QC (Applicant) Mr H Baker (Respondent)