VERSLUYS v R [2008] NSWCCA 76

New South Wales Court of Criminal Appeal

CITATION: VERSLUYS v R [2008] NSWCCA 76

HEARING DATE(S): 25 March 2008

JUDGMENT DATE: 3 April 2008

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 47; Price J at 48

DECISION: 1. Grant leave to appeal against sentence. 2. Dismiss the appeal against conviction and sentence.

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - murder - strangulation of de facto partner - whether conviction for murder unsafe and unsatisfactory - whether evidence only supported a conviction for manslaughter - whether appellant had an intention to kill or cause grievous bodily harm - whether trial judge gave balanced summing up - whether matter fell within middle range of objective seriousness - whether trial judge erred in imposing standard non-parole period

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900

CATEGORY: Principal judgment

Apps v R [2006] NSWCCA 290 M v The Queen (1994) 181 CLR 487 CASES CITED : MLP v R (2006) 164 A Crim R 93; NSWCCA 271 R v Slater (2001) 121 A Crim R 369; [2001] NSWCCA 65 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434

PARTIES: Lee Thomas Versluys (Appellant) The Crown

FILE NUMBER(S): CCA 2007/3222

A Haesler SC (Appellant on sentence only) COUNSEL: Appellant in person on conviction L Babb SC/M Rabsch (Crown)

SOLICITORS: Legal Aid Commission of NSW (Appellant on sentence) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 2005/839