Crimmins v R [2019] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crimmins v R [2019] NSWCCA 268 Hearing dates: 2 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Before: Bathurst CJ at [1] Johnson J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – recklessly causing grievous bodily harm – whether sentencing judge erred in failing to find the applicant was remorseful – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 House v The King (1936) 55 CLR 499; [1936] HCA 40 Hughes v R [2018] NSWCCA 2 R v Loveridge [2014] NSWCCA 120; 243 A Crim R 31 Category: Principal judgment Parties: Maxwell Crimmins (Applicant) The Crown (Respondent) Representation: Counsel: J O'Sullivan (Applicant) M Millward (Crown)

Solicitors: O'Brien Winter Partners (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2017/248533 Decision under appeal Court or tribunal: District Court Date of Decision: 18 October 2018 Before: Wilson SC DCJ File Number(s): 2017/248533