High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Muldrock v. The Queen

Case No. S121/2011
Case information

Lower Court Judgment

14/05/2010 Supreme Court of New South Wales (Court of Criminal Appeal)(McClellan CJ, Howie J and Harrison J)

[2010] NSWCCA 106

Catchwords

Criminal law — Sentence — Applicant pleaded guilty to charge of sexual intercourse with child under age of 10 years — Further offence of aggravated indecent assault taken into account in sentencing — Applicant intellectually disabled — Applicant previously convicted of similar offence — Relevance of standard non-parole period in cases of less than mid-range seriousness — Whether applicant "significantly intellectually disabled" such that deterrence objective inappropriate — Whether full-time custody an exceptional penalty for intellectually disabled offenders — Relevance of rehabilitation and community protection to sentencing of intellectually disabled offenders — Whether applicant a person with "special circumstances" — Crimes Act 1900 (NSW), ss 61M(1), 66A — Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 54A, 54B.

Words and phrases — "significantly intellectually disabled", "special circumstances".

Short Particulars

Documents

11/03/2011 Hearing (SLA, Sydney)

25/03/2011 Notice of appeal

08/04/2011 Written submissions (Appellant)

08/04/2011 Chronology (Appellant)

03/05/2011 Written Submissions (Respondent)

16/05/2011 Reply

08/06/2011 Hearing (Full Court, Canberra)

09/06/2011 Hearing (Full Court, Canberra)

05/10/2011 Judgment  (Judgment summary)