Laurie v R [2015] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Laurie v R [2015] NSWCCA 77 Hearing dates: 24 April 2015 Decision date: 01 May 2015 Before: Hoeben CJ at CL at [1] Hall J at [45] Wilson J at [46] Decision: An extension of time for the application for leave to appeal against sentence is granted.

Leave is granted to appeal against sentence and the appeal is allowed.

The sentence imposed by Mathews AJ on 16 December 2005 is quashed and in lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 14 years, and a balance of term of 6 years. The non-parole period is to commence on 7 June 2003 and expire on 6 June 2017, with the balance of term to expire on 6 June 2023. Catchwords: CRIMINAL LAW – sentence appeal – need for an extension of time – "Muldrock error" conceded by Crown – offence of murder – applicant mentally retarded – unable to explain why he committed the offence – re-exercise of sentencing discretion pursuant to s 6(3) of the Criminal Appeal Act 1912 – tension between need to protect public and inapplicability of principles such as general deterrence – appeal allowed and sentence reduced. Legislation Cited: Crimes Act 1900 – s23A Crimes (Sentencing Procedure) Act 1999 – s21A Criminal Appeal Act 1912 – s6(3) Cases Cited: Regina v David Hugh Laurie [2005] NSWSC 1361 Category: Principal judgment Parties: David Hugh Laurie – Applicant Regina – Respondent Crown Representation: Counsel: C Bruce SC/Mr S Eccleshall – Applicant N Adams SC/Ms S Palaniappan – Respondent Crown