McDonald v R

[2015] NSWCCA 80

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Murder
4. › Standard non-parole period
5. › Whether sentencing judge applied erroneous R v Way two-stage approach
6. › Whether Muldrock error established where sentencing judge referred to R v AJP and R v Simon rather than R v Way directly
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44, 54B, Pt 4 Div 1A
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Extension of time
5. › Application filed six years after sentencing
6. › Whether extension of time should be granted where proposed ground of appeal lacks merit
7. › Whether Muldrock error provides basis for extension of time
1. Criminal Law
2. › Sentencing
3. › Murder
4. › Resentencing on appeal
5. › Objective seriousness
6. › Standard non-parole period as guidepost
7. › Discount for plea of guilty

Quick Take

A sentencing judge's reference to cases that applied R v Way principles does not necessarily establish that the judge adopted the erroneous Way two-stage approach; the court must examine whether the judge in substance treated the standard non-parole period as determinative or instead considered the full range of sentencing factors. It ought not be lightly inferred that a sentencing judge acted otherwise than in accordance with the applicable law.