Manocha v R [2019] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Manocha v R [2019] NSWCCA 122 Hearing dates: 22 March 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Before: Basten JA at [1]; Adams J at [72]; Ierace J at [80] Decision: (1) Grant the applicant leave to appeal.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW — appeal against conviction — application for leave —conviction for recklessly causing grievous bodily harm and failing to provide child with necessities of life — medical and biomedical evidence of the cause of injuries — whether verdict unreasonable or cannot be supported having regard to evidence

CRIMINAL LAW — appeal against conviction — whether verdict unreasonable in light of acquittal on count of intentionally causing grievous bodily harm — whether modified circumstantial evidence direction should have been provided

CRIMINAL LAW — appeal against sentence — whether error in assessing objective criminality —precise mechanism of injury unknown Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Category: Principal judgment Parties: Mamta Manocha (Applicant) Regina (Respondent) Representation: Counsel: Mr I McLachlan (Applicant) Mr G Newton (Respondent)

Solicitors: Watsons (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/45019 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 16 June 2017 Before: Ingram SC DCJ File Number(s): 2014/45019