REGINA v. MACADAM-KELLIE [2001] NSWCCA 170

REGINA v. MACADAM-KELLIE [2001] NSWCCA 170

The trial judge fell into error by not accepting the link between the applicant’s major depressive illness and the commission of the offence as established by further psychiatric evidence; as a result, insufficient weight was given to the impact of that illness in mitigation, requiring re-sentencing with appropriate allowance for the mental condition, discount for the plea, and the objective seriousness of the offence.

Jurisdiction
Australia
Judgment Date
09 May 2001
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence From District Court
Outcome
Appeal allowed; sentence quashed; re-sentence imposed.
Legal Topics
['attempted Murder' 'sentencing' 'effect of Mental Illness' 'fresh Evidence' 'apprehended Violence Order']
['criminal Law'] ['attempted Murder' 'sentencing' 'effect of Mental Illness' 'fresh Evidence' 'apprehended Violence Order']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence From District Court

Legal Issues

  1. 1 ["Whether the sentence imposed was excessive in light of the applicant's mental illness and other subjective factors" 'Whether the trial judge erred by not adequately considering psychiatric evidence linking major depression with the commission of the offence' 'Whether sufficient discount was allowed for the guilty plea, contrition, and special circumstances']

Ratio Decidendi

The trial judge fell into error by not accepting the link between the applicant’s major depressive illness and the commission of the offence as established by further psychiatric evidence; as a result, insufficient weight was given to the impact of that illness in mitigation, requiring re-sentencing with appropriate allowance for the mental condition, discount for the plea, and the objective seriousness of the offence.

Court Disposition

Appeal allowed; sentence quashed; re-sentence imposed.

Orders

  • ['Sentence of 16 years quashed.' 'In lieu, sentenced to 15 years imprisonment to commence 24 February 1999 and expire 23 February 2014.' 'Non-parole period of 11 years to expire 23 February 2010.']