Smith v R [2017] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Smith v R [2017] NSWCCA 175 Hearing dates: 19 July 2017 Decision date: 24 July 2017 Before: Hoeben CJ at CL at [1]; Price J at [2]; Adamson J at [3] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence ­– offence of causing grievous bodily harm with intent ­ – HELD – sentencing judge entitled to treat facts in expert reports with caution where no sworn evidence given by the applicant – discount allowed for a plea is a matter of discretion for sentencing judge – no error in discount of 15 per cent allowed by sentencing judge – none of grounds made out Legislation Cited: Crimes Act 1900 (NSW), ss 33, 35, 61 Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), s 166 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 22, 32 Cases Cited: R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: Rebecca Joy Smith (Applicant) Regina (Respondent) Representation: Counsel: Applicant (Self-represented) T Smith (Respondent)

Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/244791 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 10 June 2016 Before: Norrish DCJ File Number(s): 2014/244791