Dean v R [2019] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dean v R [2019] NSWCCA 27 Hearing dates: 20 July 2018 Date of orders: 20 July 2018 Decision date: 14 February 2019 Before: Hoeben CJ at CL at [1] Fullerton J at [2] R A Hulme J at [25] Decision: 1. The applicant is to file an amended notice of appeal against sentence pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 and against conviction pursuant to s 5(1)(a) [sic – s 5(1)(b)] of the Criminal Appeal Act 1912 by 5pm 20 July 2018.

2. Leave granted to amend Ground 1 of the Notice of Appeal.

3. The conviction on Count 4 is quashed.

4. The aggregate sentence imposed on the State offences is quashed.

5. The sentence imposed on the Commonwealth offence is quashed.

6. Remit the matter to the District Court for further hearing. Catchwords: SENTENCE – whether the sentence proceedings miscarried as a result of the sentencing judge having been asked to, and determining, as a preliminary issue, the applicant's intention when he possessed the firearm – whether the failure to particularise the indictable offence the applicant was alleged to have intended to commit was productive of a denial of natural justice – whether there was a failure to particularise a fact essential to the charge Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Firearms Act 1996 (NSW) Criminal Code Act 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: CB v Director of Public Prosecutions [2013] NSWSC 618 R v VHP (Unreported, NSWCCA, 7 July 1997) Category: Principal judgment Parties: Graeme Malcolm Deane (Applicant) The Crown (Respondent) Representation: Counsel: S Fraser (Applicant) M England (Crown)