Vossos v R [2016] NSWCCA 262

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vossos v R [2016] NSWCCA 262 Hearing dates: 2 November 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Before: Macfarlan JA at [1] R A Hulme J at [2] Bellew J at [3] Decision: Leave to appeal is refused Catchwords: CRIMINAL LAW – Application for leave to appeal against sentence – Whether sentencing judge erred in failing to have regard to evidence of the applicant's limited intellectual capacity and impaired cognitive functioning – Where there was no evidence of any nexus between those matters and the offending – Ground of appeal not made out – Leave to appeal refused

CRIMINAL LAW – Application for leave to appeal against sentence – Where matters sought to be relied upon were not put to the sentencing judge – Application for leave to appeal against sentence not the occasion for the revision and reformulation of the case presented at first instance Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Elturk v R [2014] NSWCCA 61 McLaren v R [2012] NSWCCA 284 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Ngati v R [2014] NSWCCA 125 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: Nicholas Vossos – Applicant Regina – Respondent Representation: Counsel: S Pararajasingham – Applicant M Cinque SC – Respondent