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Media Release - 4 September 2007 - Stuart McMaster

The Acting Director of Public Prosecutions, Mr Jeremy Rapke QC, today announced that he will file an appeal in the Victorian Court of Appeal against the sentence imposed in the Victorian Supreme Court on Stuart McMaster.

McMaster was sentenced on 14 August by Justice Harper to 12 years and 6 months imprisonment, with a non-parole period of 10 years, for the manslaughter of 5 year old Cody Hutchings. McMaster had originally been tried for murder but, after a jury failed to deliver a verdict on that charge, McMaster pleaded guilty to manslaughter.

Mr Rapke said today

'After careful consideration of the facts of this case, the relevant legal principles affecting Crown appeals, including the public interest, and the various representations which have been made to me in this matter, I have reached the view that I should bring an appeal against the manifest inadequacy of this sentence. I am conscious of the many competing factors in this case however I believe that it is appropriate to take the matter to the Court of Appeal. As the appeal process has now been commenced, it is inappropriate to say more at this stage'.

Any queries should be directed to the Office of Public Prosecutions Media Liaison Unit.