Ross v R [2016] NSWCCA 176

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ross v R [2016] NSWCCA 176 Hearing dates: 26 July 2016 Date of orders: 17 August 2016 Decision date: 17 August 2016 Before: Hoeben CJ at CL at [1]; Hall J at [2]; Bellew J at [122] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – whether trial judge erred in assessing objective seriousness of offence – murder – victim under three years' age – applicant in a position of trust – gross abuse of trust by a series of assaults – failure to seek medical attention that may have prevented death – whether trial judge erred in failing to give any weight to applicant's onerous gaol conditions in protective custody including applicant's claims as to ongoing fear of violence and hyper-vigilance – no such error established – the sentence was not manifestly excessive – objective gravity of offence properly assessed as 'well-above the mid-range of offences of murder and approaching the worst case of murder' – absence of subjective factors of significance Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ali v R [2010] NSWCCA 35 Barbaro v The Queen [2014] HCA 2; 253 CLR 58 Bugmy v R [2013] HCA 37; 249 CLR 571 Clinton v R [2009] NSWCCA 276 CMB v Attorney-General for NSW [2015] HCA 9; 317 ALR 30 Dennis v R [2009] NSWSC 1357 House v The King [1936] HCA 40; 55 CLR 499 Jarrold v R [2010] NSWCCA 69 Markarian v R [2005] HCA 25; 228 CLR 357 Mulato v R [2006] NSWCCA 282 R v Durocher-Yvon [2003] NSWCCA 299; 58 NSWLR 581 R v Elfar [2003] NSWCCA 358 R v Hill [2014] NSWSC 1010 R v Mostyn [2004] NSWCCA 97; 145 A Crim R 304 R v Pfitzner [2010] NSWCCA 314 R v PJS [2009] NSWSC 153 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 RWB v R [2010] NSWCCA 147; 202 A Crim 209 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Warren James Ross (Applicant) Regina (Crown) Representation: Counsel: C Bruce SC (Applicant) S Dowling SC (Crown)