Braedon WILLIAMS v R - [2013] NSWCCA 15

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Braedon WILLIAMS v R [2013] NSWCCA 15
Hearing dates: 26 September 2012
Decision date: 08 February 2013
Before: McClellan CJ at CL at [1]
Hidden J at [2]
Adamson J at [31]
Decision:
Leave to appeal granted, appeal dismissed.

Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - aggravated break, enter and steal - co-offenders - parity/proportionality - quasi-custody - whether reduction of sentence required in anticipation of residential rehabilitation
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Crimes (Administration of Sentences) Act 1999
Cases Cited: - Renshaw v R [2012] CCA 91
- R v Campbell [1999] NSWCCA 76
- Muldrock v The Queen [2011] HCA 39, 244 CLR 120
- Ng v R [2011] NSWCCA 227, 214 A Crim R 191
Category: Principal judgment
Parties: Braedon Kane Williams (applicant)
Regina (respondent Crown)
Representation: Counsel:
A Francis (applicant)
P Ingram SC (respondent Crown)
Solicitors:
Nyman Gibson Stewart (applicant)
S Kavanagh - Solicitor for Public Prosecutions (respondent Crown)

File Number(s): 2011/47638
Decision under appeal

Jurisdiction:

9101

Date of Decision:

2011-09-02 00:00:00

Before:

Blackmore DCJ

File Number(s):

2011/47638

Judgment

McCLELLAN CJ at CL: I agree with Hidden J.

HIDDEN J: The applicant, Braedon Kane Williams, pleaded guilty in the District Court to aggravated break, enter and steal, an offence under s 112(2) of the Crimes Act 1900 which carries a maximum sentence of 20 years imprisonment and a standard non-parole period of 5 years. He asked that a further offence of the same kind be taken into account on a Form 1. Blackmore DCJ, taking the Form 1 matter into account, sentenced him to imprisonment for 4 years, comprising a non-parole period of 2 years and 9 months, commencing on 12 February 2011, and a balance of term of 1 year and 3 months. He seeks leave to appeal against that sentence.

The grounds of the application are such that it is not necessary to examine the facts of the offences or the applicant's subjective case in detail. The two offences were committed in the early hours of 12 February 2011 in the Albury area. Each offence was committed in the company of two co-offenders, Nathan Sullivan and Eric Dwayne Williams. Eric Williams is not related to the applicant. In the principal offence a Caltex Service Station was broken into and cigarettes of a value in excess of $2,600 were stolen. Roller doors to the premises were damaged in the process. The Form 1 offence was a break-in at an IGA Supermarket, where alcohol of a value of a little over $770 was stolen.

The applicant was 22 years old at the time of the offences, and 23 at the time he was sentenced. He is now 24. He has a substantial criminal record. A pre-sentence report before Judge Blackmore disclosed a disturbed upbringing. He had limited education and a minimal employment history. He developed a major problem of substance abuse, particularly…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Braedon WILLIAMS v R

Details

AGLC: Braedon Williams v The Queen [2013] NSWCCA 15
Case: [2013] NSWCCA 15
Decision Date: 08 February 2013

CaseChat Overview and Summary

The appellant, Braedon Williams, was convicted of aggravated break, enter and steal in the County Court. The trial judge sentenced him to a term of imprisonment, with the possibility of early release on good behaviour. Williams applied for leave to appeal against the sentence, contending that it was excessive and disproportionate, particularly in light of the opportunity for rehabilitation through a residential rehabilitation program. The primary legal issue before the Court was whether the sentence imposed was excessive and disproportionate, given the opportunity for rehabilitation.

The Court noted that the principles of parity and proportionality are crucial in sentencing, particularly in cases where the offender has the potential for rehabilitation. The Court considered the severity of the offence and the need for general deterrence, but also balanced these against the opportunity for rehabilitation. The Court emphasised that a sentence should not be imposed in anticipation of early release, but rather the sentence should be appropriate for the offence and the offender. In this case, the Court found that the sentence was not excessive or disproportionate, and that it appropriately reflected the seriousness of the offence and the need for general deterrence. The Court also noted that the opportunity for rehabilitation was a factor to be considered in sentencing, but it did not necessarily require a reduction in sentence.

Ultimately, the Court dismissed the application for leave to appeal. The Court found that the sentence was appropriate and proportionate to the offence, and that it appropriately reflected the need for general deterrence and the opportunity for rehabilitation. The Court also noted that the sentence was not excessive or disproportionate, and that it appropriately balanced the interests of the community and the offender. The Court did not make any orders regarding the sentence, as the application for leave to appeal was dismissed.

Orders