Snibson v R [2023] NSWCCA 127

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Snibson v R [2023] NSWCCA 127 Hearing dates: 5 October 2022 Date of orders: 13 June 2023 Decision date: 13 June 2023 Before: Beech-Jones CJ at CL at [1] Davies J at [3] Hamill J at [76] Decision: (1) Extend time for the bringing of the appeal to 1 April 2022. (2) Grant leave to appeal. (3) Uphold the appeal. (4) Quash the sentences imposed by Buddin J in this Court on 5 September 2008 for Counts 2 and 4. (5) In lieu, sentence the appellant as follows: (a) For the murder of Gregory Hosa, sentenced to a non-parole period of 17 years imprisonment to commence on 29 January 2006 and to expire on 28 January 2023 with a balance of term of 7 years expiring on 28 January 2030. (b) For the murder of Kathryn McKay, sentenced to a non-parole period of 17 years imprisonment to commence on 29 July 2011 and to expire on 28 July 2028 with a balance of term of 7 years expiring on 28 July 2035. (6) The applicant will first be eligible for release to parole at expiration of the non-parole period for the murder of Kathryn McKay. (7) The applicant is warned that the Crimes (High Risk Offenders) Act 2006 (NSW) applies to her and to these offences and her lawyers are directed to advise her of the possible implications to her of the provisions of that Act. (8) Order pursuant to s 7 of the Courts (Suppression and Non-publication) Orders Act 2010 (NSW) that there be no publication of the redacted parts of the judgment throughout the Commonwealth for a period of 15 years on the grounds contained in s 8(1)(a) and (c) of the Act. Catchwords: CRIME – appeal against sentence – murder – whether the sentencing judge erred in his approach to the significance of the standard non-parole period – "Muldrock error" – necessity to read sentencing remarks as a whole - where approach to sentence followed R v Way – where non-parole period arithmetically related to standard non-parole period – error demonstrated Legislation Cited: Courts (Suppression and Non-publication) Orders Act 2010 (NSW) s 10 Crimes Act 1900 (NSW) ss 18, 86 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure Act) 1999 (NSW) s 54A Cases Cited: Aldous v R [2012] NSWCCA 153 Aytugrul v R [2015] NSWCCA 139 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Black v R [2013] NSWCCA 265 Bolt v R [2012] NSWCCA 50 Butler v R [2012] NSWCCA 23 Buttrose v Attorney-General (NSW) [2015] NSWCA 221 DL v R (No 2) [2017] NSWCCA 58 Davis v R [2015] NSWCCA 90 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Kim Leanne Snibson [2008] NSWSC 905 R v Stacey Lea-Caton [2007] NSWSC 1294 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Robert Anthony Mark Aslett v R [2012] NSWCCA 235 Williams v R [2012] NSWCCA 172 Yun v R [2017] NSWCCA 317 Zreika v R [2012] NSWCCA 44 Texts Cited: Nil Category: Principal judgment Parties: Kim Leanne Snibson (Applicant) The King (Respondent) Representation: Counsel: I McLachlan (Applicant) E Wilkins SC (Respondent)