Wingco v R [2018] NSWCCA 187

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wingco v R [2018] NSWCCA 187 Hearing dates: 1 August 2018 Decision date: 27 August 2018 Before: Gleeson JA at [1] R A Hulme J at [39] Button J at [40] Decision: Application for leave to appeal against sentence is refused. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – where applicant pleaded guilty to eight offences of stealing from the person – whether additional evidence should be admitted on appeal – where applicant had completed two courses while in custody – whether sentencing judge erred in failing to consider matters occurring after sentence – whether failure to consider applicant's medical condition – whether failure to consider family circumstances of applicant - where brother's medical condition not referred to at sentencing hearing – where no evidence of the brother's medical condition Legislation Cited: Crimes Act 1900 (NSW), ss 94, 193C(1), 527C(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Crimes (Administration of Sentences) Regulation 2014 (NSW), cl 214A(1)(g) Cases Cited: Khoury v R [2011] NSWCCA 118 R v Lanham [1970] 2 NSWR 217 Tran v R [2014] NSWCCA 32 Category: Sentence Parties: Leny Wingco (Applicant) Regina (Respondent) Representation: Counsel: Applicant (in person) Ms H Roberts (Crown Prosecutor) (Respondent)

Solicitors: Applicant (in person) Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/192287 Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 13 October 2017 Before: Girdham SC DCJ File Number(s): 2015/192287