Patrick v R; Whitney v R [2020] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Patrick v R; Whitney v R [2020] NSWCCA 63 Hearing dates: 6 March 2020 Decision date: 15 April 2020 Before: Meagher JA at [1]; Harrison J at [2]; Button J at [3] Decision: Applicant Patrick: (1) Grant leave to appeal. (2) Dismiss the appeal.

Applicant Whitney: (1) Grant leave to appeal. (2) Uphold the appeal. (3) Quash the sentence imposed by Judge Colefax SC on 30 January 2019. (4) In substitution, Ainsley Whitney is sentenced to a non-parole period of three years to commence on 1 October 2018 and expire on 30 September 2021, to be followed by a parole period of one year, to expire on 30 September 2022. (5)The first date upon which it appears that Mr Whitney is eligible for possible release to parole is 30 September 2021. Catchwords: CRIME – APPEALS – appeal against severity of sentence – reckless wounding in company – whether sentencing judge erred in assessment of objective seriousness – whether sentencing judge erred in finding the offence of reckless wounding was aggravated by planning – whether sentences manifestly excessive – appeal dismissed

CRIME – APPEALS – appeal against severity of sentence – reckless wounding in company – whether sentencing judge erred in finding that the offence was planned – whether error established in finding offenders shared equal criminal and moral culpability – whether error in assessing objective seriousness – whether error in calculation of the commencement date of sentence – whether sentence manifestly excessive – error in calculation established – commencement date adjusted without consideration of substantive re-sentence Legislation Cited: Crimes Act 1900 (NSW), s 345 Crimes (Sentencing Procedure) Act 1999 (NSW), 21A(2)(n) Category: Principal judgment Parties: Shane Patrick (Applicant) Ainsley Whitney (Applicant) Regina (Crown) Representation: Counsel: S Schaudin (Applicant Patrick) P Krisenthal (Applicant Whitney) E Wilkins SC (Crown)