R v Muldrock Muldrock v R [2010] NSWCCA 106

New South Wales Court of Criminal Appeal

CITATION: R v Muldrock Muldrock v R [2010] NSWCCA 106

HEARING DATE(S): 2 February 2010

JUDGMENT DATE: 14 May 2010

JUDGMENT OF: McClellan CJatCL at 1; Howie J at 47; Harrison J at 48

1. Crown appeal upheld and sentence imposed in the District Court quashed. DECISION: 2. Taking into account the matter on the Form 1 the respondent is sentenced to a non-parole period of 6 years and 8 months commencing on 22 April 2009 and expiring on 21 December 2015 with a balance of term of 2 years and 4 months and expiring on 22 April 2018. The respondent will be eligible for release to parole on 21 December 2015. 3. The application by the respondent for leave to appeal is refused.

CATCHWORDS: CRIMINAL LAW - Crown appeal - leave to appeal against sentence by respondent - whether sentencing judge gave excessive weight to respondent's prospects of rehabilitation and disability - appropriateness of discount on sentence for early plea

Criminal Appeal Act 1912 Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 I Crimes (Serious Sex Offenders) Act 2006 (NSW). Crimes Act 1900

CATEGORY: Principal judgment

Jalloh v R [2009] NSWCCA 295 Karl Eedens v R [2009] NSWCCA 254 MLP v R [2006] NSWCCA 271; (2006) 164 A Crim R 93 Muliaga v R [2008] NSWCCA 342 CASES CITED : Philopos v R [2008] NSWCCA 66 R v AGP [2004] NSWCCA 434; 158 A Crim R 575 R v Cheh [2009] NSWCCA 134 at [30] R v JW [2010] NSWCCA 49 R v Wall [2002] NSWCCA 42 R v Hemsley [2004] NSWCCA 228