Marrow v R [2015] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Marrow v R [2015] NSWCCA 282 Hearing dates: 21 October 2015 Decision date: 11 November 2015 Before: Hidden J at [1] Davies J at [2] Adamson J at [3] Decision: (1) Grant leave to appeal.

(2) Allow the appeal.

(3) Quash the sentence imposed by Christie ADCJ on 8 July 2014 and in lieu thereof sentence the applicant to a term of imprisonment of five years and three months commencing 25 September 2013, with a non-parole period of three years and one month. The earliest date on which the applicant may be released on parole is 24 October 2016. Catchwords: CRIMINAL LAW – appeal against sentence – utilitarian value of guilty plea – relevant considerations under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – discretion miscarried as sentencing judge took into account level of planning in assessing the discount for the plea – general expectation that maximum discount of 25% will be applied where plea is entered at earliest available opportunity

CRIMINAL LAW – appeal against sentence – whether sentencing judge erred in failing properly to take into account the evidence relating to mental illness – purposes of sentencing – relevance of and weight to be given to mental illness in sentencing process are matters of judgment and discretion in the circumstances of the particular case

CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 94 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Cases Cited: Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Borkowski [2009] NSWCCA 102 R v Engert (1995) 84 A Crim R 67 R v Lawrence [2005] NSWCCA 91 R v Speeding [2001] NSWCCA 105 R v Tuala [2015] NSWCCA 8 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Windle [2012] NSWCCA 222 Category: Principal judgment Parties: Kristian Marrow (Applicant) Regina (Crown) Representation: Counsel: W Hunt (Applicant) M Cinque SC (Crown)