Cunningham v Regina [2017] NSWCCA 222

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cunningham v Regina [2017] NSWCCA 222 Hearing dates: 22 May 2017 Decision date: 13 September 2017 Before: Bathurst CJ at [1] Hoeben CJ at CL at [2] McCallum J at [3] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIME – appeals – sentencing – strong subjective case – where offender sentenced to 12 months' imprisonment to be served by way of intensive correction order – whether sentencing judge erred in failing to impose a non-custodial sentence

CRIME – appeals – sentencing – manifest excess – whether sentence imposed was within the permissible exercise of the sentencing judge's discretion Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5(1), 12 Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 29 Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Liam Cunningham (applicant) Regina (respondent) Representation: Counsel: P Coady (applicant) N Adams (respondent)

Solicitors: Brenda Duchen Solicitor (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2015/178800 Publication restriction: None Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Crime Citation: [2017] NSWDC 106 Date of Decision: 27 January 2017 Before: Berman DCJ