GW v The Queen

The appeal concerned the applicant, GW, and the respondent, The Queen, before the Court of Criminal Appeal of New South Wales. The matter came before the Court following a remittal from the High Court of Australia. GW sought to appeal against a conviction and a sentence that had been stayed.

The primary legal issue before the Court was whether GW should be resentenced in light of the abolition of periodic detention in New South Wales. The Court was required to determine the appropriate sentencing regime to apply to GW, considering the legislative changes that had occurred since the original sentencing.

The Court reasoned that the abolition of periodic detention meant that the original sentence was no longer a lawful option. Applying the principles of sentencing, the Court determined that it was appropriate to resentence GW. The Court considered the nature of the offence and the relevant sentencing factors, ultimately concluding that a sentence of imprisonment with a non-parole period was the appropriate punishment.

The Court ordered that the appeal be allowed, the conviction be affirmed, and the sentence be set aside. GW was resentenced to a term of imprisonment of 18 months, with a non-parole period of 9 months.