Kelsall v R [2017] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kelsall v R [2017] NSWCCA 240 Hearing dates: 21 August 2017 Date of orders: 06 October 2017 Decision date: 06 October 2017 Before: Price J at [1]; Bellew J at [85]; Hamill J at [86] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – murder – whether sentencing judge erred in the assessment of the applicant's prospects of rehabilitation – whether error in the sentencing judge's assessment of a psychiatric condition – whether error in the sentencing judge's findings that the offence was committed for no reason other than to serve some irrational purpose known only to the applicant and there was no conclusive explanation for the applicant's heinous conduct – whether sentencing manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 61L Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Cramp v R [2016] NSWCCA 305 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Huynh v R (2008) 188 A Crim R 287; [2008] NSWCCA 216 King v R [2015] NSWCCA 99 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Kelsall [2015] NSWSC 480 R v Nakash [2017] NSWCCA 196 Vandeventer v R [2013] NSWCCA 33 Category: Principal judgment Parties: Daniel Jack Kelsall (Applicant) Regina (Respondent) Representation: Counsel: Mr B Hughes SC, Ms M Curry (Applicant) Ms S Dowling SC (Respondent)