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Meida Release - 12 June 2008 - Stuart McMaster

Stuart McMaster was sentenced on 14 August 2007, 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.

In September last year, the Victorian Director of Public Prosecutions Mr. Jeremy Rapke QC, announced that he was filing an appeal in the Victorian Court of Appeal against that sentence on the basis of its manifest inadequacy.

The Victorian Court of Appeal today dismissed the Director’s appeal.

Justices Ashley, Neave and Lasry found that the sentence originally imposed was adequate and noted that:

"[T]he sentence imposed upon McMaster was, by conventional standards, an extremely heavy sentence for a manslaughter by unlawful and dangerous act to which the offender had pleaded guilty. No sentence was drawn to the Court’s attention in which such a long period of imprisonment had been imposed for an offence of that kind, even an offence involving the killing of a child".

The Court also recognised that the matter was "the catalyst for the Government bringing in the Bill which was enacted as the Crimes (Amendment) Child Homicide Act 2008."

Mr. Rapke said today, "The appeal was brought to test whether sentences for the unlawful killing of children are in line with community expectations. Although this appeal was unsuccessful, I shall continue to examine every sentence of this type imposed in Victoria and shall appeal sentences which seem to be manifestly inadequate".

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