NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MDZ v REGINA [2011] NSWCCA 243 Hearing dates: Tuesday 17 May 2011 Decision date: 15 November 2011 Before: Tobias AJA at [1] Johnson J at [2] Hall J at [3] Decision: (1) Leave to appeal granted and sentences imposed on 30 April 2010 are quashed. (2) That in respect of Count 1, the applicant be re-sentenced to a term of imprisonment of 4 years comprised of a non-parole period of 2 years and 6 months to commence on 20 April 2009 and to expire on 19 October 2011 with a balance of term of 18 months to commence on 20 October 2011 and to expire on 19 April 2013. (3) That in respect of Count 2, that the applicant be re-sentenced to a term of imprisonment of 8 years, concurrent with the sentence imposed in respect of Count 1, comprised of a non-parole period of 5 years to date from 20 April 2009 and to conclude on 19 April 2014 with a balance of term of 3 years to commence on 20 April 2014 and to expire on 19 April 2017. The total effective sentence in respect of the offences is, accordingly, the sentence in respect of Count 2. Accordingly, the first date on which the applicant will be eligible for parole is 19 April 2014. Catchwords: CRIMINAL LAW - appeal against sentence - whether sentence manifestly excessive - whether mental health and intoxication relevant to assessing the objective seriousness of the offence - proper application of the standard non-parole period - application of Muldrock v R [2011] HCA 39; 85 ALJR 1154 Legislation Cited: Crimes Act 1900 Cases Cited: HJWG v R [2011] NSWCCA 50 House v The King (1936) 55 CLR 499 Monteiro v R [2011] NSWCCA 113 Muldrock v R [2011] HCA 39; 85 ALJR 1154 R v Coleman (1990) 47 A Crim R 306 R v Knight; Biuvanua (2007) 176 A Crim R 338 R v McEvoy [2010] NSWCCA 110 R v Sellars [2010] NSWCCA 133 R v Way (2004) 60 NSWLR 168 Waters v R [2007] NSWCCA 219 Category: Principal judgment Parties: MDZ v REGINA Representation: C: J Pickering A: R Burgess C: S Kavanagh A: S E O'Connor File Number(s): 2009/78557 Decision under appeal Date of Decision: 2010-04-30 00:00:00 Before: Finnane DCJ File Number(s): 2009/78557
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