Patel v R [2019] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Patel v R [2019] NSWCCA 170 Hearing dates: 24 June 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Before: Simpson AJA at [1] Harrison J at [2] N Adams J at [63] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – sentence appeal – where applicant convicted of manslaughter on the basis of excessive self-defence – where applicant sentenced to imprisonment for 9 years and 4 months with a non-parole period of 7 years – whether sentencing judge erred in assessment of the gravity of the offence – whether sentencing judge erred in finding that the offence was aggravated because it occurred in the victim's home – whether sentencing judge erred in finding the applicant had an intention to kill – whether sentencing judge erred in finding that general deterrence was relevant to sentencing – whether sentencing judge erred by assuming that applicant must be sentenced to imprisonment – whether sentencing judge erred by failing to take into account delay as a mitigating factor – whether applicant should be resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 5, 21A(2)(eb) Cases Cited: Jonson v R [2016] NSWCCA 286 Mulato v R [2006] NSWCCA 282 Patel v R [2017] NSWCCA 121 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v McDonald [2019] NSWSC 858 R v Patel (No 3) [2018] NSWSC 952 R v Todd [1982] 2 NSWLR 517 Category: Principal judgment Parties: Manisha Patel (Applicant) Crown (Respondent) Representation: Counsel: T Game SC with T Quilter (Applicant) H Baker SC with H Roberts (Respondent)