R v Mansaray [2018] NSWCCA 64
1 judgment
R v Mansaray [2018] NSWCCA 64
ChapterRobbery in company – refugee background from Sierra Leone – relevance / causal link
Coram: Hoeben CJ at CL; White JA and N Adams J agreeing
- Refugee status; refugee camp: at [32], [46]. No evidence that offender’s experience in Sierra Leone had any causal link to offending or otherwise adversely impacting on time in prison. Nevertheless, with those qualifications, the respondent had a strong subjective case: at [63] per Hoeben CJ at CL (N Adams J agreeing); Bugmy v The Queen [2013] HCA 37; 249 CLR 571.
- cf. Offender’s experience as a refugee from Sierra Leone is not necessarily irrelevant because there is no evidence of a causal link between that experience and his offending: at [72] per White JA citing Perkins v R [2018] NSWCCA 62 at [72]-[81].
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