Pattiapon v R [2018] NSWCCA 8

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pattiapon v R [2018] NSWCCA 8 Hearing dates: 30 January 2018 Decision date: 09 February 2018 Before: Simpson JA at [1]; R A Hulme J at [2]; Hidden AJ at [48] Decision: 1. Time for filing Notice of Application for Leave to Appeal extended to 13 November 2017. 2. Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – drug offences – prohibited weapons offences – Drugs Misuse and Trafficking Act 1985 (NSW) s 25(1) – Weapons Prohibition Act 1998 (NSW) s 7(1)

CRIMINAL LAW – application for leave to appeal against sentence – whether trial judge failed to make an assessment of the applicant possibly suffering from mental illness – whether trial judge erred by not giving regard to applicant's sexual orientation and nationality – whether trial judge erred by not adequately having regard to prospects of drug and alcohol rehabilitation – whether judge erred by failing to foresee that the Department of Correctional Services would breach its duty of care – whether sentence manifestly excessive

CRIMINAL PROCEDURE – sentence – breach of good behaviour bond – District Court Judge revoked bond – Crimes (Sentencing Procedure) Act 1999 (NSW) ss 98-99 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 12, 98 Drugs Misuse and Trafficking Act 1985 (NSW) s 25(1) Weapons Prohibition Act 1998 (NSW) s 7(1) Category: Principal judgment Parties: Rooy Pattiapon (Applicant) Regina (Crown) Representation: Counsel: Applicant in person Mr B Hatfield (Crown)