Court of Criminal Appeal
New South Wales
Case Title: CW v Regina Medium Neutral Citation: [2011] NSWCCA 45 Hearing Date(s): 21st February 2011 Decision Date: 22 March 2011 Jurisdiction: Before: Whealy JA at [1]
Hidden J at [136]
Johnson J at [138]Decision: (1) Appeal against conviction dismissed
(2) Leave to appeal on sentence granted
(3) Sentence appeal dismissedCatchwords: CRIMINAL LAW - Conviction appeal - unreasonable verdict - verdict not unreasonable - evidence available to satisfy a jury of appellant's involvement - sentence appeal - proportionality of sentence with other offenders - sentence not manifestly excessive - cruel and callous act involving need for general deterrence.
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 19(3)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2)Cases Cited: Taber v R; Styman v R (2007) 170 A Crim R 427 at [102]
R v Forbes (2005) 160 A Crim R 1 at [133] - [134]
R v Green [1999] NSWCCA 97 at [24]
R v Vongsouvanh [2004] NSWCCA 158 at [38]
R v Alexander (1994) 78 A Crim R 141 at 144
R v Maguire (Unreported, NSW Court of Criminal Appeal, James, Grove and Hulme JJ, 30 August 1995)
R v Troja (Unreported, NSW Court of Criminal Appeal, Kirby P, Grove and Newman JJ, 16 July 1991)
R v Simpson (2001) 126 A Crim R 525Texts Cited: Category: Principal judgment Parties: CW (Appellant)
Crown (Respondent)Representation - Counsel: Counsel:
G Turnbull SC / M Moody (Appellant)
J Pickering (Crown)- Solicitors: Solicitors:
Randle Lawyers (Appellant)
Director of Public Prosecutions (Crown)File number(s): CCA 2009/1243 Decision Under Appeal - Court / Tribunal: - Before: Hall J - Date of Decision: 30 October 2009 - Citation: [2009] NSWSC 1155 - Court File Number(s) 1243/09 Publication Restriction:
Judgment
WHEALY JA: The appellant, CW, was charged on indictment that on or about 25 th November 2007 at Woolooware in the state of New South Wales he did murder Christopher Charles Leicester. In the alternative, he was charged on the indictment that he did feloniously slay the deceased. Pleas of not guilty were entered for each charge and a trial by jury commenced on Monday 6 th July 2009. On 16 th July 2009, the jury retired to consider its verdict. On 29 th July 2009, the jury returned with a verdict of guilty on the manslaughter count.
On 30 th October 2009, Hall J sentenced the appellant to imprisonment for nine years with a non-parole period of six years, with the sentence to date from 24 th November 2007. The appellant has appealed his conviction and seeks leave to appeal against his sentence. The sole ground of the conviction appeal is that the verdict of the jury was unreasonable and cannot be supported on the evidence. There are two grounds to the sentence appeal, assuming leave is granted. These are, first, that the appellant is entitled to a justifiable sense of grievance on the basis of the more lenient sentences imposed on the co-offenders,…
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- AGLC
- CW v Regina [2011] NSWCCA 45
- Case
- [2011] NSWCCA 45
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented, particularly the testimony of Mr Wiki, who had spoken to the Crown about a conversation he had with the appellant. Mr Wiki's testimony was consistent and provided details of the appellant's involvement in the assault. The court also considered the medical evidence provided by Dr Paul Botterill, who explained the cause of death and the mechanism behind the fatal injury. The court found that the evidence, including the appellant's admissions and the injuries sustained by the deceased, was sufficient to support the jury's verdict. The court further determined that the sentence was not manifestly excessive, taking into account the need for general deterrence due to the cruel and callous nature of the crime.
The appeal was dismissed by the court, affirming the appellant's conviction and sentence. The court held that the verdict was not unreasonable and that the sentence was proportionate, considering the gravity of the offence.
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