Leonard v R [2019] NSWCCA 300

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Leonard v R [2019] NSWCCA 300 Hearing dates: 29 November 2019 Decision date: 20 December 2019 Before: Gleeson JA at [1] R A Hulme J at [2] Button J at [3] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – Application for leave to appeal against sentence – Two offences of violence, including choking into unconsciousness – Self-represented applicant – Whether sentences should have been wholly concurrent – Whether interference warranted on any other basis – Grounds lacking in merit – Application for leave refused Legislation Cited: Criminal Procedure Act 1986 (NSW), s 166 Category: Principal judgment Parties: Matthew Johnathon James Leonard (Applicant) Regina (Crown) Representation: Counsel: Self-represented (Applicant) E Wilkins SC (Crown)

Solicitors: Solicitor for the Public Prosecutions (Respondent) File Number(s): 2018/80358 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 04 April 2019 Before: Judge Norrish QC File Number(s): 2018/80358

Judgment 1. GLEESON JA: I agree with Button J. 2. R A HULME J: I agree with Button J. 3. BUTTON J:

Introduction 1. Mr Matthew Johnathon James Leonard (the applicant) represented himself in this Court on an application for leave to appeal against sentences imposed upon him by his Honour Judge Norrish QC on 4 April 2019. The most serious offences for which the applicant was imprisoned were assaulting a young woman and occasioning actual bodily harm to her (an offence that carries a maximum penalty of imprisonment for five years) and, separately, intentionally choking the same victim into unconsciousness, whilst reckless as to that outcome (an offence that carries a maximum penalty of imprisonment for 10 years). Each of the offences had been committed on 12 March 2018. 2. The total sentence imposed was a head sentence of imprisonment for 4 years 5 months, with a total non-parole period of 2 years 10 months. 3. Because I am of the view that no ground put forward by the applicant can succeed, I propose that leave be refused; as a result, I shall be brief.