Longworth v R [2017] NSWCCA 119

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Longworth v R [2017] NSWCCA 119 Hearing dates: 7 March 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Before: Macfarlan JA at [1]; Harrison J at [54]; Schmidt J at [55] Decision: Application for leave to appeal dismissed. Catchwords: CRIMINAL LAW – sentencing – recklessly causing grievous bodily harm – aggravating and mitigating factors – victim a security guard who had refused the applicant entry to a licenced premises – whether the victim was 'vulnerable' for the purposes of section 21A(2)(l) of the Crimes (Sentencing Procedure) Act 1999 (NSW) – consideration of vulnerability arising by reason of a person's occupation – consideration of sections 73, 74 and 77 of the Liquor Act 2007 (NSW) – victim was vulnerable in the relevant sense

CRIMINAL LAW – appeal against sentence – leave to appeal – delay resulting from need for committal proceedings – applicant convicted after trial by jury – applicant had made an early offer to plead guilty to the only offence of which he was convicted – whether sentencing judge erred in failing to take delay into account

CRIMINAL LAW – appeal against sentence – leave to appeal – recklessly causing grievous bodily harm – whether sentencing judge failed to take into account applicant's mental condition – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(b), 35(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(l), 21A(2)(n) Liquor Act 2007 (NSW), ss 73, 74, 77 Cases Cited: Aloniu v R [2017] NSWCCA 74 Arnold v R [2011] NSWCCA 150 Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2 Blackwell v R [2012] NSWCCA 227 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Campbell-Stephen v Regina [2010] NSWCCA 204 Daniels v R [2016] NSWCCA 35 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Dosen v R [2010] NSWCCA 283 Fahda v R [1999] NSWCCA 267 Hona v R [2016] NSWCCA 119 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Dungay [2012] NSWCCA 197 R v Kilic (2016) 91 ALJR 131; [2016] HCA 48 R v Loveridge (2014) 243 A Crim R 31; [2014] NSWCCA 120 R v Tadrosse (2005) 65 NSWLR 740; [2005] NSWCCA 145 Reberger v R [2011] NSWCCA 132 Sabra v R [2015] NSWCCA 38 Stokes v The Queen (2008) 185 A Crim R 74; [2008] NSWCCA 123 Wong v The Queen (2001) 207 CLR 589; [2001] HCA 64 Category: Principal judgment Parties: James Ian Longworth (Applicant) Regina (Respondent) Representation: Counsel: H Dhanji SC (Applicant) N Adams (Respondent)