R v Mulligan [2016] NSWCCA 47

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Mulligan [2016] NSWCCA 47 Hearing dates: 14 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Before: Leeming JA at [1] Johnson J at [2] Harrison J at [3] Decision: (1) Appeal allowed. (2) Quash the sentence imposed by Maiden DCJ on 30 October 2015. (3) In lieu thereof sentence David Mulligan to a non-parole term of imprisonment of 12 months commencing on 1 April 2016 expiring on 31 March 2017 and to a balance of term of 6 months expiring on 30 September 2017. Catchwords: CRIMINAL LAW – appeal – Crown appeal against inadequacy of sentence – recklessly inflicting grievous bodily harm – where the sentencing judge imposed a suspended sentence – objective seriousness assessed as "a little below the mid line seriousness" – whether the sentence was manifestly inadequate – whether the failure to admit evidence of CCTV footage amounted to a denial of procedural fairness – whether the sentencing judge erred by failing to have regard to the standard non-parole period – whether the trial judge gave excessive weight to subjective features – whether the residual jurisdiction of the court to dismiss an appeal was enlivened Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Victims Rights and Support Act 2013 Cases Cited: CMB v Attorney-General for New South Wales [2015] HCA 9; (2015) 317 ALR 308 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Knight v R [2015] NSWCCA 222 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Peiris v R [2014] NSWCCA 58 R v Holder & Johnston (1983) 3 NSWLR 245 R v JW [2010] NSWCCA 49; (2010) 77 NSWLR 7 R v Lin [2014] NSWCCA 254 R v Mereb; R v Younan [2014] NSWCCA 149 R v O'Connor [2014] NSWCCA 53 R v Osenkowski [1982] 5 A Crim R 394 Category: Principal judgment Parties: Crown (Applicant) David Mulligan (Respondent) Representation: Counsel: N Adams (Applicant) P Skinner (Respondent)