Murphy v Regina [2007] NSWCCA 18

Murphy v Regina [2007] NSWCCA 18

The sentencing judge erred by not providing reasons for setting a non parole period above the conventional range given positive rehabilitation prospects, warranting variation to 2 years in line with established ratios for Commonwealth offences.

Parties
Applicant: Kelly Ann Murphy; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; sentences confirmed except for the non parole period, which is quashed and substituted with a period of 2 years from 14 July 2005 to 13 July 2007.
Legal Topics
Commonwealth Offences, Sentencing, Non Parole Period, Manifestly Excessive Sentences, Breach of Trust
Criminal Law Commonwealth Offences Sentencing Non Parole Period Manifestly Excessive Sentences Breach of Trust

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Parties

Kelly Ann Murphy

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the sentencing judge erred in setting the non parole period

Ratio Decidendi

The sentencing judge erred by not providing reasons for setting a non parole period above the conventional range given positive rehabilitation prospects, warranting variation to 2 years in line with established ratios for Commonwealth offences.

Court Disposition

Leave to appeal granted; sentences confirmed except for the non parole period, which is quashed and substituted with a period of 2 years from 14 July 2005 to 13 July 2007.

Orders

  • Grant leave to appeal
  • Confirm the sentences save as to the non parole period