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R v Macadam-Kellie

R v Macadam-Kellie

Case [2001] NSWCCA 170 9 May 2001

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CITATION: REGINA v. MACADAM-KELLIE [2001] NSWCCA 170

FILE NUMBER(S): CCA 60265 of 2000

HEARING DATE(S): Friday 30 March 2001

JUDGMENT DATE:
9 May 2001

PARTIES :

REGINA v.
MACADAM-KELLIE, William

JUDGMENT OF: Wood CJ at CL at 1; Greg James J at 2

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 99/31/0200

LOWER COURT JUDICIAL
OFFICER : Coolahan, DCJ.

COUNSEL : Crown: M.C. Marien
App: T.A. Game, SC

SOLICITORS: Crown: S.E. O'Connor
App: Ross Hill & Associates

CATCHWORDS: Criminal law - sentence appeal - attempted murder of estranged spouse - culpability little short of completed offence - effect of depression - sentence based on mistaken assumption depression not operative - fresh evidence - re-sentence.

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 11999
Sentencing Act 1989

CASES CITED:
Thomson (2000) 49 NSWLR 383
Bond (1990) 48 A. Crim. R. 1
Carrion [2000] NSWCCA 191
Scognamiglio (1991) 56 A. Crim. R. 81
Elphick [2000] NSWSC 977
Cheung (CCA, unreported 11 December 1995)

DECISION: Appeal allowed; sentence quashed; in lieu sentenced to imprisonment for 15 years to commence 24 February 1999 and to expire 23 February 2014; non-parole period of 11 years to expire 23 February 2010.

IN THE COURT OF

CRIMINAL APPEAL

No. 60265 of 2000

CORAM: WOOD CJ. at CL.

WEDNESDAY 9 MAY 2001

REGINA v. WILLIAM MACADAM-KELLIE

JUDGMENT

1 WOOD, CJ. at CL: I have had the advantage of reading in draft the reasons for judgment of Greg James, J. I agree with his reasons and the orders he proposes.

2 GREG JAMES, J: The applicant, William Macadam-Kellie, seeks leave to appeal against the sentence imposed upon him by his Honour Judge Coolahan in the District Court of New South Wales at Newcastle following his plea of guilty to one count of wounding with intent to murder.

3 That offence is punishable by imprisonment for 25 years pursuant to s.25 of the Crimes Act 1900. He was sentenced to imprisonment for 16 years to commence on the day of his arrest, the day of the offence, 24 February 1999. A non-parole period of 12 years was imposed.

4 The victim of that offence was the applicant's estranged wife.

5 In his remarks, the learned trial judge set out the context of the offence. The marriage of some 21 years had declined and Mrs. Macadam-Kellie had left the home to reside with the two younger children.

6 Family Law proceedings had commenced and there were proceedings in that court in respect of custody and access. The two older children were living with the applicant.

7 Shortly following her leaving home, Mrs. Macadm-Kellie obtained an apprehended violence order from the Newcastle Local Court against the applicant. He consented to that order without admission. That order was obtained on 5 January 1999 and was current on the day of the offence.

8 On that day, the applicant and his wife were due to appear at the Family Court in Bolton Street, Newcastle. Mrs. Macadam-Kellie arrived at…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Macadam-Kellie

Details

AGLC: R v Macadam-Kellie [2001] NSWCCA 170
Case: [2001] NSWCCA 170
Decision Date: 9 May 2001

CaseChat Overview and Summary

In the case of R v Macadam-Kellie, the respondent appealed against his sentence imposed for the attempted murder of his estranged spouse. The court of appeal was tasked with reviewing the sentence, considering the circumstances of the offence and the appellant's mental health at the time of the crime. The primary issue before the court was whether the original sentence appropriately accounted for the appellant's significant depressive state, which was not recognised at the time of sentencing. The court also considered whether the fresh evidence provided warranted a re-sentencing.

The court examined the evidence presented, including psychiatric assessments, and found that the appellant's severe depression significantly impacted his culpability at the time of the offence. The original sentencing had been based on an assumption that the appellant was fully aware of his actions, which was erroneous. The court found that the appellant's depression had substantially impaired his decision-making capacity and should have been a mitigating factor. Consequently, the appeal was allowed on the basis that the sentence did not adequately reflect the mitigating effect of the appellant's depression. The case was remitted to the sentencing court for re-sentencing in light of the fresh evidence.

The court emphasised the importance of considering mental health conditions in sentencing to ensure justice is served. By acknowledging the appellant's depression as a mitigating factor, the court sought to provide a more appropriate sentence reflective of the appellant's actual culpability. The court's decision underscored the need for a nuanced approach to sentencing, particularly in cases involving mental health issues. The re-sentencing was to be based on the full and correct circumstances of the case, including the mitigating effect of the appellant's depression.

Orders