Canzius v R [2017] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Canzius v R [2017] NSWCCA 177 Hearing dates: 14 July 2017 Decision date: 26 July 2017 Before: Gleeson JA at [1] Harrison J at [79] Fullerton J at [80] Decision: (1) Refuse leave to appeal against sentence with respect to proposed grounds 5 and 6.

(2) Grant leave to appeal against sentence with respect to grounds 1, 2, 3, 4 and 7.

(3) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – where late plea of guilty to offence of reckless wounding contrary to s 35(4), Crimes Act 1900 (NSW) – where sentence of 2 years, 8 months with non-parole period of 1 year, 4 months – whether judge erred by circumscribing his discretion in relation to length of sentence – whether judge gave primary or determinative significance to standard non parole period of three years – whether judge erred in placing emphasis on specific and general deterrence – whether judge failed to take into account applicant's mental health issues – whether the possibility of summary disposal should have been taken into account by the judge in mitigation of penalty – whether sentence manifestly excessive. Legislation Cited: Crimes Act 1900 (NSW), s 35(4) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 12, 54A, 54B Criminal Procedure Act 1986 (NSW), s 258(a), 267(2), Sch 1 Cases Cited: Aslan v R [2014] NSWCCA 114 Couloumbis v R [2012] NSWCCA 264 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v Di La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Douar v R [2005] NSWCCA 445 Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29 Markarian v The Queen (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Papworth v R [2011] NSWCCA 253 R v Doan [2000] NSWCCA 317 R v JCE (2000) 120 A Crim R 18; [2000] NSWCCA 498 R v Morgan (1993) 70 A Crim R 368 R v Zamagias [2002] NSWCCA 17 Wong v R; Leung v R (2001) 207 CLR 584; [2001] HCA 64 Zreika v R [2012] NSWCCA 44 Category: Sentence Parties: Raymond Anthony Canzius (Applicant) Regina (Crown) Representation: Counsel: M Ramage QC (Applicant) S Hughes (Respondent Crown)