Soyke v R [2016] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Soyke v R [2016] NSWCCA 112 Hearing dates: 18 May 2016 Decision date: 10 June 2016 Before: Basten JA at [1]; Schmidt J at [2]; Wilson J at [73] Decision: (1) Notice of motion dismissed. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW – leave to appeal and appeal against sentence – whether error in assessment of seriousness of offences – whether sentence was manifestly excessive – no error – appeal dismissed

CRIMINAL LAW – appeal – notice of motion – leave sought to rely on expert reports on appeal – reports not admissible – motion dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 33 Crimes Act 1914 (Cth), s 16BA Criminal Appeal Rules (NSW), r 25A Criminal Appeal Act 1912 (NSW), s 6 Criminal Code Act 1995 (Cth), ss 477, 478 Cases Cited: Einfeld v R [2010] NSWCCA 87; (2010) 200 A Crim R 1 Khoury v R [2011] NSWCCA 118; (2011) 209 A Crim R 509 R v Lamella [2014] NSWCCA 122 R v Stevens [1999] NSWCCA 69 Category: Principal judgment Parties: Justin Soyke (Applicant) Regina (Respondent) Representation: Counsel: Mr P Coady (Applicant) Ms M England (Respondent)

Solicitors: Legal Aid Commission (NSW) (Applicant Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2014/154222 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 15 October 2015 Before: Culver DCJ File Number(s): 2014/154222