Melvaine v R [2019] NSWCCA 274

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Melvaine v R [2019] NSWCCA 274 Hearing dates: 9 October 2019 Date of orders: 11 November 2019 Decision date: 11 November 2019 Before: Macfarlan JA at [1] Johnson J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal against the sentence is granted. (2) The appeal is dismissed. Catchwords: CRIME — appeals — appeal against sentence — application for leave to appeal — one count of aggravated robbery with wounding contrary to s 96 of the Crimes Act 1900 (NSW) — sentencing judge's description of applicant's conduct as a 'gratuitous act of cruelty' went to the objective seriousness of the offence — no finding made of an aggravating factor under s 21A(2)(f) of the Crimes (Sentencing Procedure) Act 1999 (NSW) although this was open to sentencing judge — whether sentence was manifestly excessive — whether sentencing judge failed to have due regard to applicant's subjective factors — no error in sentencing process — appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 96 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(f) Cases Cited: Aguirre v R [2010] NSWCCA 115 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Hughes v R [2018] NSWCCA 2 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 McCullough v R [2009] NSWCCA 94; 194 A Crim R 439 Ryan Gurney v Regina; Aaron Willetts v Regina [2011] NSWCCA 48 Category: Principal judgment Parties: Bradley William Melvaine (Applicant) Regina (Respondent) Representation: Counsel: Mr S Fraser (Applicant) Ms K Jeffreys (Respondent)