Matheson v R [2015] NSWCCA 108

Matheson v R [2015] NSWCCA 108

A two-stage approach to sentencing which takes the standard non-parole period as a starting point is erroneous per Muldrock v R. As such error was established, the Court was required to resentence afresh and, considering all circumstances, reduced the balance of term, quashing the original sentence and imposing imprisonment with a non-parole period of 18 years and a balance of term of 7 years.

Parties
Applicant: William Matheson; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed and re-sentenced
Legal Topics
Sentence Appeal, Murder, Standard Non Parole Period, Mental Illness, Muldrock Error
Criminal Law Sentence Appeal Murder Standard Non Parole Period Mental Illness Muldrock Error

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Parties

William Matheson

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether a 'Muldrock error' occurred in sentencing the applicant
  2. 2 Whether an extension of time for leave to appeal should be granted
  3. 3 Whether a lesser sentence is warranted in law

Ratio Decidendi

A two-stage approach to sentencing which takes the standard non-parole period as a starting point is erroneous per Muldrock v R. As such error was established, the Court was required to resentence afresh and, considering all circumstances, reduced the balance of term, quashing the original sentence and imposing imprisonment with a non-parole period of 18 years and a balance of term of 7 years.

Court Disposition

Appeal allowed; sentence quashed and re-sentenced

Orders

  • An extension of time for the application for leave to appeal against sentence is granted.
  • Leave is granted to appeal against sentence and the appeal is allowed.