Siemek v R [2017] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Siemek v R [2017] NSWCCA 18 Hearing dates: 2 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Before: Basten JA at [1]; Johnson J at [2]; Button J at [84] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW - sentence - domestic violence offences - offence of recklessly causing grievous bodily harm against Applicant's former wife - Applicant subject to conditional liberty at time for separate assault against a different former partner - Applicant with mental health issues - history of domestic violence against former wife and former partner - claim of error in approach to breach of conditional liberty - claim of error in approach to accumulation of sentences - claim that total effective sentence manifestly excessive - no error demonstrated - leave to appeal refused Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Browning v R [2015] NSWCCA 147 Director of Public Prosecutions (NSW) v Cooke (2007) 168 A Crim R 379; [2007] NSWCA 2 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Porter v R [2008] NSWCCA 145 R v Dinh (2010) 199 A Crim R 573 [2010] NSWCCA 74

R v Gommeson (2014) 243 A Crim R 534; [2014] NSWCCA 159 R v Hamid (2006) 164 A Crim R 179; [2006] NSWCCA 302 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Texts Cited: --- Category: Principal judgment Parties: Justin Karl Siemek (Applicant) Regina (Respondent) Representation: Counsel: Mr CP O'Donnell SC Ms N Williams (Respondent)