Wright v R [2016] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wright v R [2016] NSWCCA 122 Hearing dates: 10 June 2016 Decision date: 23 June 2016 Before: Basten JA at [1]; R A Hulme J at [21]; Fagan J at [100] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against sentence – historical child sexual assault – whether fresh evidence of Alzheimer's diagnosis shows that a miscarriage of justice occurred in the sentence proceedings – where condition was present but undiagnosed at time of sentence – where sentencing judge had found incarceration would be more difficult than usual – ill-health and advanced age already had a major influence on lenient sentence – evidence could but should not be received by the Court – evidence insufficient to warrant a fresh assessment of sentence – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) ss 73, 76 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 44 Criminal Appeal Act 1912 (NSW) ss 5, 6 Cases Cited: Betts v The Queen [2016] HCA 25 Cornwell v R [2015] NSWCCA 269 Einfeld v The Queen (2010) 200 A Crim R 1; [2010] NSWCCA 87 House v The King (1936) 55 CLR 499 Kentwell v The Queen [2011] 252 CLR 601; [2014] HCA 37 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 R v AB [2015] NSWCCA 57 R v Deng [2007] NSWCCA 216; 176 A Crim R 1 R v Fordham (1997) 98 A Crim R 359 R v Goodwin (1990) 51 A Crim R 328 R v Lanham [1970] 2 NSWR 217 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v Vachalec [1981] 1 NSWLR 351 Turkmani v R [2014] NSWCCA 186; 244 A Crim R 186 Category: Principal judgment Parties: Richard Wright (Applicant) Regina (Respondent) Representation: Counsel: Mr T Gartelmann SC with Mr E Anderson (Applicant) Ms S Dowling SC (Crown)