Egan v Regina [2017] NSWCCA 206

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Egan v Regina [2017] NSWCCA 206 Hearing dates: 26 July 2017 Decision date: 28 August 2017 Before: Bathurst CJ at [1] McCallum J at [2] Bellew J at [44] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIMINAL LAW – sentence – where offender suffering from mental illness – where evidence as to mental illness unchallenged – whether sentencing judge confined consideration of the applicant's mental health to an assessment of the objective criminality of the offending and hardship in custody Legislation Cited: Crimes Act 1900 (NSW), ss 97, 105A, 112 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Cases Cited: Aslan v R [2014] NSWCCA 114 Benitez v R [2006] NSWCCA 21 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Category: Principal judgment Parties: Dale Lee Egan (applicant) Regina (respondent) Representation: Counsel: A Francis (applicant) H Roberts (respondent)

Solicitors: Randall Legal (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2014/340795 Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Criminal Date of Decision: 4 April 2016 Before: Wells J SC