MB v R [2013] NSWCCA 254

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MB v R [2013] NSWCCA 254 Hearing dates: 16 October 2013 Decision date: 08 November 2013 Before: Hoeben CJ at CL at [1] Johnson J at [32] Bellew J at [33] Decision: (1) Grant an extension of time within which to bring an application for leave to appeal against sentence. (2) Grant leave to appeal against sentence. (3) Quash the sentence imposed by Howie J on 10 November 2006. (4) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 12 years and 6 months commencing 8 July 2005 and expiring on 7 January 2018 with a balance of term of 5 years expiring on 7 January 2023. The date upon which the applicant is eligible to be released to parole is 7 January 2018. Catchwords: CRIMINAL LAW - sentence appeal - murder contrary to s18 Crimes Act 1900 - application for extension of time for leave to appeal against sentence - delay of over 6 years - principle of finality - applicant aged 16 at time of offence - application of s6(3) of Criminal Appeal Act 1912 - substantial injustice likely to occur if extension of time not granted - insufficient weight given to age of applicant - less severe sentence warranted in law - applicant re-sentenced. Legislation Cited: Crimes Act 1900 - s18 Crimes Amendment (Sexual Offences) Act 2008 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) - s54D(3) Criminal Appeal Act 1912 (NSW) - s6(3) Cases Cited: Abdul v R [2013] NSWCCA 247 AI v R [2011] NSWCCA 95 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 BP v R [2010] NSWCCA 159; 201 A Crim R 379 Douar v R [2005] NSWCCA 455;159 A Crim R 154 KT v R [2008] NSWCCA 51; 182 A Crim R 571 MB v R [2009] NSWCCA 200 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v MB [2006] NSWSC 1164 R v Way [2004] NSWCCA 131; 60 NSWLR 168 TM v R [2008] NSWCCA 158 Category: Principal judgment Parties: MB - Applicant Regina - Respondent Crown Representation: Counsel: Ms R Burgess - Applicant Ms M Cinque - Respondent Crown Solicitors: S O'Connor - Legal Aid NSW - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2005/3317 Decision under appeal Citation: R v MB [2006] NSWSC 1164 Date of Decision: 2006-11-10 00:00:00 Before: Howie J File Number(s): 2005/3317