Murray v R [2019] NSWCCA 235

Murray v R [2019] NSWCCA 235

The sentencing judge took into account all relevant matters in assessing objective seriousness, including the seriousness of the injuries, repeated stabbing with a knife, the setting in the victim's home, absence of provocation, spontaneity, absence of planning, short duration, and voluntary cessation. Lack of motive and the applicant's mental state did not reduce objective seriousness in the manner contended, and planning was not required to form the intent for s 33(1)(a). It was open to find the offence was of mid-range objective seriousness, and the sentence of 7 years imprisonment with a non-parole period of 4 years 6 months was within the legitimate exercise of sentencing discretion...

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court; Leave Granted and Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'mental State and Self Induced Intoxication' 'manifest Excess' 'guilty Plea Discount']
['crime' 'criminal Sentencing' 'criminal Appeals'] ['wounding With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'mental State and Self Induced Intoxication' 'manifest Excess' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court; Leave Granted and Appeal Determined

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the objective seriousness of the offence was in the mid-range.' "Whether lack of motive, absence of specific aggravating factors, the applicant's mental state, and the nature of the applicant's intention ameliorated objective seriousness." 'Whether the sentencing judge gave insufficient weight to ameliorating factors.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge took into account all relevant matters in assessing objective seriousness, including the seriousness of the injuries, repeated stabbing with a knife, the setting in the victim's home, absence of provocation, spontaneity, absence of planning, short duration, and voluntary cessation. Lack of motive and the applicant's mental state did not reduce objective seriousness in the manner contended, and planning was not required to form the intent for s 33(1)(a). It was open to find the offence was of mid-range objective seriousness, and the sentence of 7 years imprisonment with a non-parole period of 4 years 6 months was within the legitimate exercise of sentencing discretion...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']