KLUSKA, Martin Ludwig v R [2009] NSWCCA 289

New South Wales Court of Criminal Appeal

CITATION: KLUSKA, Martin Ludwig v R [2009] NSWCCA 289

HEARING DATE(S): 28 September 2009

JUDGMENT DATE: 11 December 2009

JUDGMENT OF: McClellan CJatCL at 1; Fullerton J at 1; Schmidt J at 1

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

CATCHWORDS: CRIMINAL LAW - appeal against decision refusing redetermination of life sentence

Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Mental Health Act 1990 Sentencing Act 1989

CATEGORY: Principal judgment

R v Kluska (Court of Criminal Appeal, 14 February 1994, unreported) CASES CITED : R v Kluska (Supreme Court of New South Wales, Grove J, 18 November 1998, unreported) R v Kluska [2001] NSWCCA 284

PARTIES: Martin Ludwig Kluska (App) The Crown (Resp)

FILE NUMBER(S): CCA 2008/6383

COUNSEL: Applicant in person LMB Lamprati SC/S Dowling (Resp)

SOLICITORS: Applicant in person Solicitor for Public Prosecutions (Resp)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 2003/03

LOWER COURT JUDICIAL OFFICER: Grove J

LOWER COURT DATE OF DECISION: 6 March 2008

IN THE COURT OF CRIMINAL APPEAL 2008/6383

McCLELLAN CJ at CL FULLERTON J SCHMIDT J

11 DECEMBER 2009 MARTIN KLUSKA v R Judgment 1 THE COURT: The applicant seeks leave to appeal under cl 8(1)(a) of schedule 1 to the Crimes (Sentencing Procedure) Act 1999 ("the Act") against a decision by Grove J of 6 March 2008 refusing an application brought by the applicant pursuant to Schedule 1 of the Act for a redetermination of the life sentence his Honour imposed on 10 August 1990 after a jury found the applicant guilty of the murder of Bruce Mannion.