Davis v R

[2018] NSWCCA 67

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Whether sentencing judge failed to take into account mental health of offender
5. › Whether failure to find remorse disclosed material error
6. › Whether intoxication relevant to sentence
7. › Whether sentence manifestly excessive
8. › Whether parity issue arose with co-offender
9. › Criminal Appeal Act 1912 (NSW), s 5(1)(c)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Remorse
5. › Whether offender accepted responsibility for actions where provocation claimed
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(i)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Self-induced intoxication
5. › Statutory preclusion from consideration as mitigating factor
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(5AA)

Quick Take

Section 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (NSW) precludes self-induced intoxication from being taken into account as a mitigating factor on sentence. An offender who claims provocation while simultaneously asserting remorse may be found not to have accepted responsibility for their actions within the meaning of s 21A(3)(i).