Misiepo v R [2017] NSWCCA 210

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Misiepo v R [2017] NSWCCA 210 Hearing dates: 16 June 2017 Decision date: 01 September 2017 Before: Macfarlan JA at [1]; Johnson J at [62]; Harrison J at [63] Decision: The application for leave to appeal is dismissed. Catchwords: CRIME – appeal against sentence – applicant found guilty of manslaughter following trial by jury on murder charge – jury's verdicts indicated that it accepted that the applicant's conduct amounted to excessive self-defence in accordance with Crimes Act 1900 (NSW) s 421 – whether on the evidence it was open to the sentencing judge to find beyond reasonable doubt that the applicant was advancing aggressively towards the deceased immediately before he stabbed the deceased – whether the sentencing judge erred in his findings about the degree to which the applicant's conduct exceeded that which would have been a reasonable response to the circumstances as he perceived them – whether the applicant's sentence was manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 418, 421 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Field v R [2015] NSWCCA 332 Goundar v R [2012] NSWCCA 87 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Ramos v R [2015] NSWCCA 313 Smith v R [2015] NSWCCA 193 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Chad Frederick Misiepo (Applicant) Regina (Respondent) Representation: Counsel: P Strickland SC (Applicant) D T Kell SC / M Pulsford (Respondent)