R v Cullen [2015] NSWSC 768

Supreme Court New South Wales

Medium Neutral Citation: R v Cullen [2015] NSWSC 768 Hearing dates: 11 June 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Sentenced to a term of imprisonment of 30 years commencing on 22 January 2014 and expiring on 21 January 2044 with a non-parole period of 22 years and 6 months expiring on 21 July 2036. Catchwords: CRIMINAL LAW – sentence – murder – where offender and deceased married but separated at time of death – where offender admitted the acts that killed the deceased – plea of guilty to manslaughter rejected by Crown – where self-defence and provocation only substantial issues at trial – death caused by stabbing in frenzied attack – absence of mitigating factors – no remorse or contrition – above the middle of the range of objective seriousness Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Christodoulou v R [2008] NSWCCA 102 Isaacs v R (1997) 41 NSWLR 374, (1997) 90 A Crim R 587 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 R v Pilley (1991) 56 A Crim R 202 R v Spathis; R v Patsalis [2001] NSWCCA 476 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 456 Category: Sentence Parties: Regina (Crown) Christopher Cullen (Offender) Representation: S Herbert (Crown) W Terracini SC (Offender)

Solicitors: Director of Public Prosecutions (Crown) Archbold Legal (Offender) File Number(s): 2014/25737 Publication restriction: Nil