Byron v R [2018] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Byron v R [2018] NSWCCA 239 Hearing dates: 15 October 2018 Date of orders: 24 October 2018 Decision date: 24 October 2018 Before: Hoeben CJ at CL at [1] Price J at [2] Davies J at [3] Decision: (1) Leave to appeal granted.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW – sentence – appeal – assault occasioning actual bodily harm – assault on taxi driver where applicant failed to pay fare – supplying a prohibited drug – street level dealer – where aggregate sentence of 19 months imposed to be served by way of intensive correction order – challenge by self-represented applicant to evidence relied upon by sentencing judge – assertions that applicant was a changed person now – challenge to ICO condition imposed by Community Corrections – whether length of ICO was manifestly excessive Legislation Cited: Nil Cases Cited: Hughes v R [2018] NSWCCA 2 Khoury v R [2011] NSWCCA 118 R v Fordham (1997) 98 A Crim R 359 Zreika v R [2012] NSWCCA 44 Texts Cited: Nil Category: Principal judgment Parties: Tony Byron (Applicant) Crown (Respondent) Representation: Counsel: In person (Applicant) C Curtis (Respondent)

Solicitors: Self-represented (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/18158 & 2017/86123 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 13 April 2018 Before: Haesler DCJ File Number(s): 2017/18158 & 2017/86123