13 November 2018

DPP appeal leads to increased sentence

The sentence imposed on a man who stabbed his friend with a knife causing life threatening injuries has been increased following an appeal by the Director of Public Prosecutions.
Matthew John McKay had pleaded guilty in the County Court to one charge of recklessly causing serious injury, one charge of assault with a weapon and a single charge of possession of a controlled weapon without excuse.
He was sentenced to one year and eight months’ imprisonment, with a non-parole period of 10 months.
DPP Kerri Judd QC appealed against the sentence on the basis that the sentence imposed on the recklessly causing serious injury charge, the total effective sentence and non-parole period were manifestly inadequate.
The Court of Appeal yesterday allowed the Director’s appeal and resentenced McKay to a total effective sentence of four years and eight months’ imprisonment, with a non-parole period of two years and six months.
According to the Court of Appeal’s summary of judgment, the Court found that the sentence imposed was manifestly inadequate and did not reflect the gravity of the offending.
“In our view the sentence was not open even after giving full weight to matters in mitigation and allowing a liberal discretion to the sentencing judge,” the Court said.
Click here to access the judgment summary.


For further information contact:

Anthony Loncaric

03 9603 2603