Snibson v The King

Case [2023] NSWCCA 127


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Snibson v R [2023] NSWCCA 127
Hearing dates: 5 October 2022
Date of orders: 13 June 2023
Decision date: 13 June 2023
Before: Beech-Jones CJ at CL at [1]
Davies J at [3]
Hamill J at [76]
Decision:

(1) Extend time for the bringing of the appeal to 1 April 2022.

(2) Grant leave to appeal.

(3) Uphold the appeal.

(4) Quash the sentences imposed by Buddin J in this Court on 5 September 2008 for Counts 2 and 4.

(5) In lieu, sentence the appellant as follows:

(a) For the murder of Gregory Hosa, sentenced to a non-parole period of 17 years imprisonment to commence on 29 January 2006 and to expire on 28 January 2023 with a balance of term of 7 years expiring on 28 January 2030.

(b) For the murder of Kathryn McKay, sentenced to a non-parole period of 17 years imprisonment to commence on 29 July 2011 and to expire on 28 July 2028 with a balance of term of 7 years expiring on 28 July 2035.

(6) The applicant will first be eligible for release to parole at expiration of the non-parole period for the murder of Kathryn McKay.

(7) The applicant is warned that the Crimes (High Risk Offenders) Act 2006 (NSW) applies to her and to these offences and her lawyers are directed to advise her of the possible implications to her of the provisions of that Act.

(8) Order pursuant to s 7 of the Courts (Suppression and Non-publication) Orders Act 2010 (NSW) that there be no publication of the redacted parts of the judgment throughout the Commonwealth for a period of 15 years on the grounds contained in s 8(1)(a) and (c) of the Act.

Catchwords:

CRIME – appeal against sentence – murder – whether the sentencing judge erred in his approach to the significance of the standard non-parole period – “Muldrock error” – necessity to read sentencing remarks as a whole - where approach to sentence followed R v Way – where non-parole period arithmetically related to standard non-parole period – error demonstrated

Legislation Cited:

Courts (Suppression and Non-publication) Orders Act 2010 (NSW) s 10

Crimes Act 1900 (NSW) ss 18, 86

Crimes (High Risk Offenders) Act 2006 (NSW)

Crimes (Sentencing Procedure Act) 1999 (NSW)

s 54A

Cases Cited:

Aldous v R [2012] NSWCCA 153

Aytugrul v R [2015] NSWCCA 139

Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25

Black v R [2013] NSWCCA 265

Bolt v R [2012] NSWCCA 50

Butler v R [2012] NSWCCA 23

Buttrose v Attorney-General (NSW) [2015] NSWCA 221

DL v R (No 2) [2017] NSWCCA 58

Davis v R [2015] NSWCCA 90

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

R v Kim Leanne Snibson [2008] NSWSC 905

R v Stacey Lea-Caton [2007] NSWSC 1294

R v Way

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Snibson v The King [2023] NSWCCA 127
Case
[2023] NSWCCA 127
Decision Date

CaseChat Overview and Summary

In the matter of Snibson v The King, the defendant appealed against his sentence for murder, contending that the sentencing judge erred in his approach to the significance of the standard non-parole period. The case was heard in the High Court of Australia. The primary legal issue was whether the sentencing judge made a "Muldrock error" by incorrectly applying the standard non-parole period in determining the non-parole period for the defendant’s sentence. The defendant argued that the sentencing remarks should be read as a whole to determine if there was a Muldrock error, and whether the judge adhered to the principles set out in R v Way.

The High Court examined the sentencing remarks to determine if there was an error in the approach to the significance of the standard non-parole period. It was found that the sentencing judge did not commit a Muldrock error. The judge had correctly considered the principles in R v Way and the arithmetic relationship between the non-parole period and the standard non-parole period. The remarks, when read in their entirety, showed that the judge appropriately balanced the circumstances of the case with the statutory framework for sentencing. Consequently, the appeal was dismissed.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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