Stewart, Wade John v R [2009] NSWCCA 152

New South Wales Court of Criminal Appeal

CITATION: Stewart, Wade John v R [2009] NSWCCA 152

HEARING DATE(S): 19 May 2009

JUDGMENT DATE: 25 May 2009

JUDGMENT OF: Hodgson JA at 1; Buddin J at 20; Price J at 21

DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – Sentence appeal – Manslaughter by excessive self-defence – Whether sentence manifestly excessive.

CATEGORY: Principal judgment

CASES CITED : R v Stewart [2008] NSWSC 563 Vuni v R [2006] NSWCCA 171

PARTIES: Wade John STEWART (Applicant) REGINA

FILE NUMBER(S): CCA 2007/1797004

COUNSEL: P BODOR QC (Applicant) D M L WOODBURNE SC (Crown)

SOLICITORS: Ford Criminal Lawyers (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 2007/1797

LOWER COURT JUDICIAL OFFICER: Johnson J

LOWER COURT DATE OF DECISION: 6 June 2008

LOWER COURT MEDIUM NEUTRAL CITATION: R v Stewart [2008] NSWSC 563

IN THE COURT OF CRIMINAL APPEAL CCA 2007/1797004

HODGSON JA BUDDIN J PRICE J

25 MAY 2009 STEWART, Wade John v R Judgment 1 HODGSON JA: The applicant was tried on a charge of murder before Johnson J and a jury. The jury returned a verdict of not guilty of murder, but guilty of manslaughter. The applicant was sentenced by Johnson J on 6 June 2008: R v Stewart [2008] NSWSC 563. 2 The sentencing judge sentenced the applicant to a non-parole period of seven years three months, to date from 27 July 2006 and to expire on 26 October 2013, with the balance of term of three years three months, to date from 27 October 2013 and to expire on 26 January 2017. Thus the total term was ten years six months. 3 The maximum penalty for manslaughter is imprisonment for twenty-five years: Crimes Act 1900, s 24.