Matheson v R [2015] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matheson v R [2015] NSWCCA 108 Hearing dates: 28 April 2015 Decision date: 22 May 2015 Before: Hoeben CJ at CL at [1] Hall J at [59] McCallum J at [60] 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 28 April 2006 is quashed and in lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 18 years, and a balance of term of 7 years. The non-parole period is to commence on 19 May 2004 and expire on 18 May 2022, with the balance of term to expire on 18 May 2029. Catchwords: CRIMINAL LAW – sentence appeal – murder – whether "Muldrock error" had occurred – offender sentenced in April 2006 – mental illness issues – disagreement between psychiatrists – an extension of time granted – "Muldrock error" established – whether lesser sentence warranted in law – application of s 6(3) of the Criminal Appeal Act 1912 – appeal allowed – on re-sentence no change to non-parole period but head sentence reduced. Legislation Cited: Criminal Appeal Act 1912 – s 6(3) Cases Cited: Abdul v R [2013] NSWCCA 247 Achurch v R (No 2) [2013] NSWCCA 117; 84 NSWLR 328 Kentwell v The Queen [2014] HCA 37; 313 ALR 451 Muldrock v R [2011] HCA 39; 244 CLR 120 R v Di Cianni and Pintabona [2013] NSWSC 1328 R v Lane [2013] NSWSC 1808 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Category: Principal judgment Parties: William Matheson – Applicant Regina – Respondent Crown Representation: Counsel: C Bruce SC – Applicant S Dowling SC – Respondent Crown