Haines v R [2016] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haines v R [2016] NSWCCA 90 Hearing dates: 14 April 2016 Date of orders: 14 April 2016 Decision date: 16 May 2016 Before: Ward JA; Price J; Adamson J Decision: 1. Grant leave to appeal. 2. The appeal is allowed. 3. Quash the sentence imposed by the sentencing Judge and in lieu of the orders made by the sentencing Judge impose the following orders: (a) Confirm the conviction. (b) Sentence the applicant to imprisonment for a non-parole period of 11 years 3 months commencing on 3 March 2001 and expiring on 2 June 2012 with a further term of 3 years 9 months commencing 3 June 2012 and expiring on 2 March 2016. 4. As the sentence has expired the applicant is to be released forthwith. Catchwords: CRIMINAL LAW – sentence appeal – murder – where appellant pleaded guilty after psychiatrist withdrew opinion as to availability of mental illness defence – whether sentencing judge erred in finding plea not entered at earliest reasonable opportunity – exceptional case where reason for delay in entering guilty plea must be taken into account Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Mental Health (Forensic Provisions) Act 1990 (NSW), s 29(1)(b) Cases Cited: Atkinson v R [2014] NSWCCA 262 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Nguyen v R [2008] NSWCCA 280 R v AB [2011] NSWCCA 229 R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 R v Haines [2015] NSWSC 390 R v Nicholson [2010] NSWCCA 80 R v Oinonen [1999] NSWCCA 310 R v Stambolis [2006] NSWCCA 56; (2006) 160 A Crim R 510 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Villalon v R [2015] NSWCCA 229 Category: Principal judgment Parties: Brenda Lee Haines (Applicant) Regina (Respondent) Representation: Counsel: S Odgers SC (Applicant) H Baker (Respondent)