McLaren v Regina [2012] NSWCCA 284

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McLaren v Regina [2012] NSWCCA 284 Hearing dates: 4 December 2012 Decision date: 19 December 2012 Before: McClellan CJ at CL at [1] McCallum J at [2] Bellew J Decision: Leave to appeal granted; appeal allowed; sentence imposed in the District Court quashed and, in lieu thereof, applicant sentenced to a term of imprisonment with a non-parole period of 3 years commencing on 17 April 2011 and expiring on 16 April 2014 and a balance of term of 2 years expiring on 16 April 2016. The earliest date of eligibility for parole is 16 April 2014. Catchwords: CRIMINAL LAW - sentencing - applicant sentenced under the law as it stood before the decision of the High Court in Muldrock - no lesser sentence warranted on evidence before sentencing judge - new evidence of severely impaired mental state at time of offending - evidence admitted to avoid miscarriage of justice Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 R v Johnson [2005] NSWCCA 186 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Stumbles v R [2006] NSWCCA 418 Category: Principal judgment Parties: Steven James McLaren (Applicant) Regina (Respondent) Representation: Counsel: D Carroll (Applicant) J Girdham (Respondent) Solicitors: Mark Klees & Associates (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2010/329650 Publication restriction: None Decision under appeal Date of Decision: 2011-06-15 00:00:00 Before: Berman DCJ File Number(s): 2010/032965