OGC v R [2016] NSWCCA 254

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: OGC v R [2016] NSWCCA 254 Hearing dates: 5 October 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Before: Ward JA at [1]; Harrison J at [2]; R A Hulme J at [40] Decision: (1) Grant leave to appeal against sentence. (2) Refuse leave to adduce evidence in the appeal. (3) Dismiss the appeal. Catchwords: APPEAL – sentence – appeal against sentence – whether manifestly excessive – whether sentencing judge failed to have proper regard for offender's remorse and contrition – assistance – whether a miscarriage of justice occurred by reason of a failure to adduce evidence of assistance – whether evidence would have led to a different sentencing outcome

EVIDENCE – application for leave to adduce evidence on appeal – where a forensic decision made in court below not to call evidence of assistance – whether miscarriage of justice Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Cornwell v R [2015] NSWCCA 269 Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118 R v Abou-Chabake (2004) 149 A Crim R 417 R v Fordham (1997) 98 A Crim R 359 R v Goodwin (1990) 51 A Crim R 328 R v Thomas [2007] NSWCCA 269 Category: Principal judgment Parties: OGC (Applicant) Crown (Respondent) Representation: Counsel: D Brezniak (Applicant) N Williams (Respondent)