BH v R [2016] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BH v R [2016] NSWCCA 290 Hearing dates: 21 September 2016 Decision date: 07 December 2016 Before: Price J at [1] Button J at [2] Fagan J at [76] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – manslaughter – guilty plea – juvenile offender – whether sentencing judge sentenced applicant on basis of factual findings not open – question of motivation for offence – whether sentence was manifestly excessive – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 19(3) Cases Cited: Clarke v R [2015] NSWCCA 232 Mulato v The Queen [2006] NSWCCA 282 Turnbull v Chief Executive of the Office of Environment and Heritage (2015) 213 LGERA 220; [2015] NSWCCA 278 Category: Principal judgment Parties: BH (Applicant) Regina (Respondent) Representation: Counsel: E Ozen (Applicant) E Balodis (Respondent)

Solicitors: Legal Aid New South Wales (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2013/293105 Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) the name of the applicant is not to be published. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 13 March 2015 Before: Baly SC DCJ File Number(s): 2013/293105