Anderson v R [2018] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Anderson v R [2018] NSWCCA 49 Hearing dates: 28 February 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Before: Hoeben CJ at CL at [1]; Johnson J at [58]; N Adams J at [59] Decision: (1) Quash the sentence imposed by Hall J on 8 April 2016. (2) In lieu thereof, impose a sentence of imprisonment with a non-parole period of 9 years commencing 3 August 2013 and concluding 2 August 2022 with a balance of term of 3 years concluding on 2 August 2025. (3) The applicant will become eligible for release on parole when the non-parole period expires on 2 August 2022. Catchwords: CRIMINAL LAW – sentence appeal – plea of guilty to manslaughter by excessive self-defence – victim armed herself with a knife against the applicant – victim stabbed in struggle with applicant – whether findings of sentencing judge inconsistent with Agreed Facts and guilty plea – ground of appeal made out – applicant re-sentenced. Legislation Cited: Crimes Act 1900 (NSW) – ss 24, 418, 421 Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A(2) Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Cases Cited: Goundar v R [2012] NSWCCA 87 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Misiepo v R [2017] NSWCCA 210 R v Anderson [2016] NSWSC 399 R v Dally [2000] NSWCCA 162; 115 A Crim R 582 R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551 R v Forbes [2005] NSWCCA 377 R v Isaacs (1997) 41 NSWLR 374 Smith v R [2015] NSWCCA 193 Category: Principal judgment Parties: Christopher John Anderson – Applicant Regina – Respondent Crown Representation: Counsel: P Boulten SC – Applicant E Balodis – Respondent Crown