R v Muldrock; Muldrock v R [2012] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Muldrock; Muldrock v R [2012] NSWCCA 108 Hearing dates: 17 and 18 May 2012 Decision date: 18 May 2012 Before: Allsop P at [1] Hoeben JA at [16] Beech-Jones J at [17] Decision: 1. The sentence of the District Court imposed on the applicant Derek Muldrock, the appellant in the High Court of Australia, on 28 July 2009 having been set aside by Order 1 made by this Court on 14 May 2010, such order not having been set aside or affected by the orders of the High Court made on 5 October 2011, and the matter having been remitted to this Court for the applicant to be resentenced consistently with the reasons for judgment of the High Court published on 5 October 2011, the Court sentences the applicant as follows: taking into account the matters on the Form 1, sentence the applicant to imprisonment with a non-parole period of one year commencing on 22 April 2009 and expiring on 21 April 2010 with a balance of term of two years expiring on 21 April 2012. 2. Order the release of the applicant, Derek Muldrock, from custody, forthwith. Catchwords: CRIMINAL LAW - sentence - intellectually disabled offender - relevance of standard non-parole period - relevance of specific and general deterrence - availability of rehabilitation programme only in event of excessive head sentence Legislation Cited: Crimes Act 1900 (NSW), s 66A Crimes (Sentencing Procedure) Act 1999 (NSW), Division 1A of Part 4, ss 3A(c), 47(2) Cases Cited: Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 Veen v The Queen [No 2] [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: The Crown (Appellant)Derek Muldrock (Respondent) Representation: L Babb SC, J Girdham (Appellant) M Thangaraj SC, D Barrow (Respondent) Director of Public Prosecutions (Appellant) C Hunter (Respondent) File Number(s): 2007/6900 Decision under appeal Date of Decision: 2009-07-28 00:00:00 Before: Black DCJ File Number(s): 2007/6900