Griffin v R [2018] NSWCCA 259

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Griffin v R [2018] NSWCCA 259 Hearing dates: 3 September 2018 Decision date: 21 November 2018 Before: Beazley P at [1]; McCallum J at [2]; Davies J at [66] Decision: Leave to appeal granted; sentence imposed at first instance quashed and, in substitution therefor, applicant sentenced to an aggregate sentence of imprisonment for six years commencing on 27 June 2016 with a non-parole period of three years concluding on 26 June 2019 and a balance of term of three years concluding on 26 June 2022. Applicant first eligible for release to parole on 26 June 2019. Catchwords: CRIME – sentencing – whether sentencing judge erred in his approach to the applicant's mental condition – where judge received inadequate assistance from defence counsel on that issue – whether applicant precluded from reformulating his case on that issue in this court – where applicant had presented cogent evidence relevant to his moral culpability and his prospects of rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(j) Crimes Act 1900 (NSW), ss 111(2), 112(2), 114(1)(d), 115, 195(1A)(b) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: Rodney Griffin (Applicant) Regina Representation: Counsel: S Fraser (Applicant) F Veltro (Crown)