McLeod v R [2018] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McLeod v R [2018] NSWCCA 173 Hearing dates: 13 July 2018 Decision date: 10 August 2018 Before: Payne JA at [1] R A Hulme J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – asserted error of sentencing judge finding that offence was above mid-range objective seriousness – asserted error of sentencing judge in referring to the serious indictable offence particularised was intimidation instead of reckless damage – asserted error of sentencing judge in failing to consider the applicant's deprived background for moral culpability – sentence assertedly manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 51B(1), 109(2) Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Lehn v R [2016] NSWCCA 255 Category: Principal judgment Parties: Callum John Philip Thomas McLeod (Applicant) Regina (Respondent) Representation: Counsel: A Evers (Applicant) F Veltro (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/23748 Publication restriction: Nil. Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 6 January 2017 Before: Syme DCJ File Number(s): 2016/23748