Lambaditis v R [2016] NSWCCA 117

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lambaditis v R [2016] NSWCCA 117 Hearing dates: 30 May 2016 Decision date: 17 June 2016 Before: Simpson JA at [1]; Garling J at [42]; Wilson J at [43] Decision: (1) Leave to appeal against sentence granted;

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – manslaughter by unlawful and dangerous act – plea of guilty – assault occasioning actual bodily harm taken into account on Form 1 – whether sentence manifestly excessive – sentence imposed not manifestly excessive – leave to appeal granted – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 3, ss 21A, 44(2) Crimes Act 1900 (NSW), s 24 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v Dyer [2014] NSWSC 1809 R v Field [2014] NSWSC 1797 R v Lane (No 3) [2015] NSWSC 118 R v Loveridge [2014] NSWCCA 120 R v Matthews [2015] NSWSC 49 R v McNeil (No 4) [2015] NSWSC 1198 R v Previtera (1997) 94 A Crim R 76 Category: Principal judgment Parties: Nicholas Lambaditis (Applicant) Regina (Respondent) Representation: Counsel: M Finnane QC (Applicant) N Noman SC (Respondent)

Solicitors: Darley Legal (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2013/331450 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: R v Lambaditis [2015] NSWSC 746 Date of Decision: 12 June 2015 Before: Hall J File Number(s): 2013/331450