NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v R [2015] NSWCCA 128 Hearing dates: 22 April 2015 Decision date: 01 June 2015 Before: Hoeben CJ at CL at [1] Hall J at [43] Garling J at [44] Decision: (1)An extension of time within which to apply for leave to appeal against sentence is granted.
(2)Leave to appeal against sentence is granted and the appeal is allowed.
(3)The sentence imposed by Howie J on 4 April 2008 is quashed and in lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 16 years to commence on 19 May 2006 and to expire on 18 May 2022, with balance of term of 5 years and 4 months to expire 18 September 2027. Catchwords: CRIMINAL LAW – sentence appeal – extension of time required – "Muldrock error" conceded by Crown – Court required to re-exercise the sentencing discretion – appeal allowed – applicant re-sentenced. Legislation Cited: Crimes Act 1900 – s18(1) Crimes (Sentencing Procedure) Act 1999 – Div 1A Criminal Appeal Act 1912 – s6(3) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Elturk v R [2014] NSWCCA 61 Kentwell v The Queen [2014] HCA 37; 313 ALR 451 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Kirrlie Shane Wilson [2008] NSWSC 238 Category: Principal judgment Parties: Kirrlie Shane Wilson – Applicant Regina – Respondent Crown Representation: Counsel: R Burgess – Applicant T Smith – Respondent Crown
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