http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/229.html
CRIMINAL LAW – appeal against conviction – murder – appellant kills woman in 2008 – appellant previously convicted of manslaughter of father in 2000 by reason of substantial impairment – evidence of 2000 manslaughter adduced before jury at trial for 2008 murder – whether defence counsel objected to evidence – whether Rule 4 Criminal Appeal Rules applies – nature of partial defence of substantial impairment – defence counsel did not press objection to evidence – Rule 4 applies – no error established – proviso applicable in any event – whether murder conviction unreasonable – whether appellant should have been convicted of manslaughter by reason of substantial impairment – ground rejected – appellant rightly convicted of murder – conviction appeal dismissed
CRIMINAL LAW – appeal against sentence – murder – prior conviction for manslaughter – relevance of mental illness to sentence – paranoid schizophrenia – whether inappropriate weight given to general deterrence – whether sentence manifestly excessive – dangerousness and protection of the community – high risk of further violent conduct – no error demonstrated – sentence not manifestly excessive – sentence appeal dismissed