Woods v R [2018] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Woods v R [2018] NSWCCA 261 Hearing dates: 1 June 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Before: Bathurst CJ at [1]; Leeming JA at [51]; Adamson J at [52] Decision: (1) Grant the applicant leave to appeal.

(2) Dismiss the appeal. Catchwords: SENTENCING – Subjective considerations on sentence – Mental illness – sentencing judge found that mental health conditions were not causally connected with the offending – whether the sentencing judge erred in failing to give weight to evidence of mental health conditions Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Johnston v The Queen [2017] NSWCCA 53 Category: Principal judgment Parties: Linda Gaye Woods (applicant) The Crown (respondent) Representation: Counsel: A Evers (applicant) T Smith (respondent)

Solicitors: Legal Aid NSW (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2017/4293 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: N/A Date of Decision: 4 August 2017 Before: McLennan DCJ File Number(s): 2017/4293