Barber v R [2017] NSWCCA 111

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Barber v R [2017] NSWCCA 111 Hearing dates: 31 March 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Before: Beazley P at [1] Walton J at [2] R A Hulme J at [60] Decision: Leave to appeal against sentence is refused. Catchwords: CRIMINAL LAW – sentence appeal – offence of s 154(1)(a) of the Crimes Act 1900 (NSW) – offence of s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) – offence of s 112(2) of the Crimes Act 1900 (NSW) – whether the sentencing judge erred in failing to take into account the applicant's mental condition in assessing the moral culpability of his offending or in moderating the weight to be given in general deterrence – principles relevant to leave to appeal – substance of ground not raised before the sentencing judge by applicant – lack of merit as to ground of appeal – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug (Misuse and Trafficking) Act 1985 (NSW) Inclosed Lands Protection Act 1901 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Bailey v Director of Public Prosecutions (1988) 78 ALR 116; [1988] HCA 19 Benitez v R (2006) 160 A Crim R 166; [2006] NSWCCA 21 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 House v King (1936) 55 CLR 499; [1936] HCA 40 King v R [2015] NSWCCA 99 Laspina v R [2016] NSWCCA 181 R v Engert (1995) 84 A Crim R 67 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: John Barber (Applicant) Regina (Respondent) Representation: Counsel: A Francis (Applicant) S Hughes (Respondent)