Davis v R [2018] NSWCCA 67

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Davis v R [2018] NSWCCA 67 Hearing dates: 9 April 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Before: Leeming JA at [1]; Fullerton J at [43]; McCallum J at [44] Decision: 1. To the extent necessary, extend the time within which to apply for leave to appeal.

2. Grant leave to appeal.

3. Appeal dismissed. Catchwords: CRIME – appeal against sentence – guilty pleas to one count of reckless wounding and one count of recklessly causing grievous bodily harm in company – whether sentencing judge failed to take into account mental health of offender – whether failure to find remorse disclosed material error – whether intoxication relevant to sentence – whether other errors were disclosed – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 35 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: R v Birks (1990) 19 NSWLR 677 Smith v R [2017] NSWCCA 175 Category: Principal judgment Parties: Matthew Darrol Davis (Applicant) Regina (Respondent) Representation: Counsel: Applicant in person E Balodis (Respondent)

Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/244721 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 10 June 2016 Before: Judge Norrish QC File Number(s): 2014/244721