CITATION: REGINA v Andrew Glen MUDDLE [2004] NSWSC 403 HEARING DATE(S): 8/3/04, 9/3/04, 10/3/04, 11/3/04, 15/3/04, 16/3/04 JUDGMENT DATE:
21 May 2004JUDGMENT OF: Bell J at 1 DECISION: Sentenced to a term of six years' imprisonment to-date from 15 December 2003; That sentence will expire on 14 December 2009 ; Non-parole period of three years; The first date on which the offender is eligible for consideration of release on parole is 14 December 2006 LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: Regina v Previtera (1997) 94 A Crim R 76 PARTIES :
REGINA
Andrew Glen MUDDLE (Accused)
FILE NUMBER(S): SC 70064/03 COUNSEL: Mr L. Gray (Crown)
Ms C. Davenport (Accused)SOLICITORS: S Kavanagh
SE O'Connor
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONBELL J
21 May 2004
JUDGMENT70064/03 REGINA v Andrew Glen MUDDLE
1 BELL J: On Monday 8 March 2004 Andrew Glen Muddle was arraigned on an indictment that charged him with the murder of Alan Edward Birch at Raymond Terrace on 6 February 2003. He entered a plea that he was not guilty. A jury was empanelled and the offender stood trial. On 16 March 2004 the jury returned its verdict. The offender was not guilty of murder but guilty of the manslaughter of Alan Edward Birch.
2 The deceased spent the early afternoon of 6 February 2003 with a friend, Rhett Cotton, at a local hotel. They were celebrating the deceased’s 23rd birthday. They spent several hours at the hotel and the deceased consumed a number of schooners of beer and several glasses of whiskey. The two young men were on friendly terms with the offender’s nephew, Jason Muddle. After leaving the hotel in the late afternoon they met up with Jason and his partner, Cassandra. Together the group went to visit the offender at his home at 7 Corelli Close, Raymond Terrace. They arrived at around 5:00 pm.
3 The offender was living in a de facto relationship with Julia Cadogan. The two have since married. He was aged just on 40 years at the time. He was on close terms with his nephew, Jason. Jason and his family lived in Raymond Terrace a short distance from Corelli Close. On occasions prior to February 2003 the deceased had visited the offender’s home in company with Jason. There was no history of ill feeling between the two.
4 On the evening of 6 February a number of people were present at the Corelli Close premises when Jason Muddle and his party arrived. The deceased and Rhett Cotton brought a carton of VB stubbies with them. Over the next few hours the offender, the deceased, and various others drank beer, smoked marijuana and talked. The atmosphere was congenial.
5 The deceased was noticeably affected by alcohol at the time of his arrival. It is reasonable to assume that he became progressively more intoxicated as the evening wore on. The offender was also intoxicated by a combination…
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- AGLC
- Regina v Andrew Glen Muddle [2004] NSWSC 403
- Case
- [2004] NSWSC 403
- Decision Date
CaseChat Overview and Summary
The sentencing focused on the offender's background, criminal history, and prospects for rehabilitation. Muddle had a history of alcohol and drug-related offences and a troubled upbringing marked by violence and instability. Despite this, the court noted his genuine remorse and commitment to rehabilitation, including efforts to improve his literacy and employment prospects while in custody. The court also considered the impact of the crime on the victim's family, acknowledging their profound grief and loss. Ultimately, the court determined that imprisonment was necessary, imposing a six-year sentence with a non-parole period of three years, reflecting the seriousness of the offence and the need for deterrence and rehabilitation.
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