Lawson v R [2018] NSWCCA 215

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lawson v R [2018] NSWCCA 215 Hearing dates: 6 August 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Before: Gleeson JA Walton J Fagan J Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – aggravated dangerous driving occasioning grievous bodily harm contrary to Crimes Act 1900 (NSW), s 52A(4) – failure to stop and assist after vehicle impact causing grievous bodily harm contrary to Crimes Act, s 52AB(2) – high-speed front-to-rear collision causing victim's vehicle to leave the road – multiple fractures to left arm of victim – major lacerations to face, head, neck and scalp – vertebral fractures – traumatic brain injury – guilty pleas – 25% discount for utilitarian value of pleas – aggregate sentence of imprisonment for 4 years with non-parole period of 2 years 6 months at first instance – where offender affected by psychosis at time of offence – where accepted by sentencing judge that mental health condition contributed materially to commission of offences – whether sentencing judge failed to take into account reduced moral culpability due to causative link between mental condition and offending in determining objective seriousness of offence – whether sentence manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Biddle v R [2017] NSWCCA 128 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 House v The King (1936) 55 CLR 499 Hughes v R [2018] NSWCCA 2 R v Pearson [2004] NSWCCA 129 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 Yun v R [2017] NSWCCA 317 Category: Principal judgment Parties: Kayden James Lawson (applicant) Regina (respondent) Representation: Counsel: Mr Bill Neild (applicant) Ms Michelle England (respondent)