Mansfield v R [2019] NSWCCA 266

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mansfield v R [2019] NSWCCA 266 Hearing dates: 30 October 2019 Date of orders: 06 November 2019 Decision date: 06 November 2019 Before: Gleeson JA at [1] Harrison J at [1] Cavanagh J at [1] Decision: (1) Grant Mr Mansfield leave to appeal against his sentence. (2) Allow the appeal. (3) Quash the sentence imposed upon Mr Mansfield by Frearson DCJ on 7 September 2017. (4) In lieu thereof, sentence Mr Mansfield to a non-parole term of imprisonment of 2 years commencing on 7 September 2017 and expiring on 6 September 2019 with a balance of term of 1 year expiring on 6 September 2020. Catchwords: CRIME – sentence appeal – where applicant pleaded guilty to reckless wounding – where applicant sentenced to imprisonment of 4 years and 3 months with a non-parole period of 2 years and 3 months – where offence of stalk/intimidate on a Form 1 also taken into account on sentence – whether sentence manifestly excessive – appeal allowed – re-sentence Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 21A(2)(j), 33 Crimes (Domestic and Personal Violence) Act 2007, s 13(1) Cases Cited: Berryman v R [2017] NSWCCA 297 Ciaron McCullough v R (2009) 194 A Crim R 439; [2009] NSWCCA 94 Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Mun v R [2015] NSWCCA 234 R v Hemsley [2004] NSWCCA 228 R v Israil [2002] NSWCCA 255 Tweeddale v R [2012] NSWCCA 99 Xue v R [2017] NSWCCA 137 Category: Principal judgment Parties: Corey Mansfield (Applicant) Crown (Respondent) Representation: Counsel: D Marr (Applicant) D Patch (Respondent)