NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Carruthers v R [2007] NSWCCA 276
HEARING DATE(S): 20 April 2007
JUDGMENT DATE: 15 November 2007
JUDGMENT OF: Mason P at 1; Hidden J at 2; Rothman J at 3
(i) Leave to appeal be granted; DECISION: (ii) The sentence imposed on Peter John Carruthers on 21 October 2005, for the murder of Damien Joel Meredith, be quashed and in lieu thereof the said Peter John Carruthers be sentenced to a non-parole period of 15 years' imprisonment commencing 17 May 2004 and concluding on 16 May 2019 and a remainder of term of a further five years concluding on 16 May 2024.
CATCHWORDS: CRIMINAL LAW – Appeal – Sentencing – Murder of witness – Interference with administration of justice – Lack of sufficient disparity with co-offender – Insufficient regard to the value of assistance to the authorities and effect of assistance on accused – Appeal allowed – Appellant re-sentenced.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW)
House v The King (1936) 55 CLR 499 Johnson v The Queen (2004) 78 ALJR 616 Markarian v The Queen (2005) 79 ALJR 1048 McKenna v Regina [2007] NSWCCA 113 CASES CITED: Postiglione v The Queen (1997) 189 CLR 295 R v M [2005] NSWCCA 224 R v Sukkar [2006] NSWCCA 92 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Tiddy [1969] SASR 575 York v The Queen (2005) 79 ALJR 1919
PARTIES: Peter John Carruthers (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2005/2332 (formerly 2006/2734)
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