Ukropina v R [2016] NSWCCA 277

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ukropina v R [2016] NSWCCA 277 Hearing dates: 22 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Before: Hoeben CJ at CL at [1] Bellew J at [47] Hidden AJ at [48] Decision: (1) Leave to appeal granted. (2) The appeal is allowed. (3) The sentence imposed by Scotting DCJ on 10 December 2015 is quashed. (4) In lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 4 years commencing 14 November 2013 and expiring 13 November 2017 with a balance of term of 2 years expiring 13 November 2019. Catchwords: CRIMINAL LAW – sentence appeal – plea of guilty to manslaughter due to a substantial impairment by an abnormality of the mind – applicant killed his 29 year old daughter – whether sentencing judge erred in assessing the level of mental impairment – whether adequate reasons given for his finding of the level of substantial impairment – whether mental illness properly taken into account when assessing objective seriousness of offending – medical evidence all one way – very substantial level of mental impairment – error made out – need to resentence. Legislation Cited: Crimes Act 1900 (NSW) - ss 18, 23A Criminal Appeal Act 1912 (NSW) - s 5(1)(a) Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Catley v R [2014] NSWCCA 249 Cowan v R [2015] NSWCCA 118 Hone v State of Western Australia [2007] WASCA 283 Martin v R [2015] NSWCCA 6 Mizzi v The Queen [1960] HCA 77; 105 CLR 659 R v Kelly (1993) 30 NSWLR 64 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Djuro Ukropina – Applicant Regina – Respondent Crown Representation: Counsel: H Dhanji SC/S Howell – Applicant B Baker – Respondent Crown