Murray v R [2015] NSWCCA 75

Murray v R [2015] NSWCCA 75

The sentencing judge's firmly held belief regarding the applicant's guilt on a prior acquitted charge, and his explicit difficulty in disregarding that matter, gave rise to a reasonable apprehension of bias. Denial of a utilitarian discount without warning further compounded the procedural flaw. The sentence imposed must be set aside and the matter remitted for sentencing according to law.

Jurisdiction
Australia
Judgment Date
27 April 2015
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed, sentence set aside, matter remitted for re-sentencing
Legal Topics
['sentencing' 'apprehension of Bias' 'procedural Fairness' 'appeal Procedure']
['criminal Law'] ['sentencing' 'apprehension of Bias' 'procedural Fairness' 'appeal Procedure']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge should have recused himself for apprehended bias' 'Whether denial of a utilitarian discount for a guilty plea without notice constituted denial of procedural fairness' 'Whether the sentence imposed should be set aside and remitted']

Ratio Decidendi

The sentencing judge's firmly held belief regarding the applicant's guilt on a prior acquitted charge, and his explicit difficulty in disregarding that matter, gave rise to a reasonable apprehension of bias. Denial of a utilitarian discount without warning further compounded the procedural flaw. The sentence imposed must be set aside and the matter remitted for sentencing according to law.

Court Disposition

Appeal allowed, sentence set aside, matter remitted for re-sentencing

Orders

  • ['Grant the applicant leave to appeal against the sentence imposed upon him in the District Court on 7 August 2013.' 'Allow the appeal and set aside the sentence imposed by the District Court on 7 August 2013 at Wollongong.' 'Remit the matter to the District Court for sentencing the offender, according to law.']