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R v Mark Terrence Woods

R v Mark Terrence Woods

Case [2005] NSWSC 1176 25 November 2005

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CITATION:
R v Mark Terrence Woods [2005] NSWSC 1176

HEARING DATE(S): 28/03/2003, 05/09/2003, 30/10/2003, 13/08/2004, 27/05/2005, 25/07/2005, 11/11/2005

JUDGMENT DATE :

25 November 2005

JUDGMENT OF:
Buddin J

DECISION:
1 The application is granted. 2 In respect of the offence of maliciously set fire to a motor vehicle knowing that ML was in that vehicle, the applicant is sentenced to a term of 16 years imprisonment, to date from 4 December 1986 and to expire on 3 December 2004. 3 In respect of the offence of feloniously wounding ML with intent to murder, the applicant sentenced to a minimum term of 20 years and six months imprisonment, to commence on 4 December 1986 and to expire on 3 June 2007, with an additional term to commence on 4 December 1986 and to continue for the balance of his natural life.

CATCHWORDS:
Redetermination of life sentences for non-fatal offences - related sexual offences - pleas of guilty - applicant's conduct in custody - completed CUBIT program

LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Sentencing Act 1989
Sentencing Amendment (Transitional) Act 1997

CASES CITED:
Cameron v The Queen (2002) 209 CLR 339
Pearce v The Queen (1998) 194 CLR 610
R v Baker [2001] NSWSC 412
R v Baker (2002) 130 A Crim R 417
R v Bowtell [2000] NSWSC 803
R v Burchell (1987) 34 A Crim R 148
R v Crump (NSWCCA) unrep 30 May 1994
R v Durocher-Yvon (2003) 58 NSWLR 581
R v Page [2002] NSWSC 1067
R v Purdy (1992) 65 A Crim R 441
R v Salameh [1999] NSWCCA 300
R v Totten [2003] NSWCCA 207
R v Towner [2002] NSWSC 951
R v Veen [2000] NSWSC 656
R v Websdale [2000] NSWSC 636
R v White [2000] NSWSC 555
R v Wright [2000] NSWSC 568
R v Thomson & Houlton (2000) 49 NSWLR 383
Veen v The Queen (No2) (1987-8) 164 CLR 465

PARTIES:
Regina
Mark Terrence Woods

FILE NUMBER(S):
SC L00013/95

COUNSEL:
P Power SC (Crown)
J Stratton SC (Applicant)

SOLICITORS:
S Kavanagh - Solicitor for Public Prosecutions - Crown
Legal Aid Commission

LOWER COURT JURISDICTION:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

BUDDIN J

FRIDAY 25 NOVEMBER 2005

L00013/95 - MARK TERRENCE WOODS
JUDGMENT – Application for Redetermination of Life Sentences

1 HIS HONOUR: The applicant seeks a redetermination of two life sentences which were imposed upon him by Yeldham J on 5 May 1987. The applicant has been in continuous custody since his arrest on 4 December 1986 (a period of almost 19 years) in respect of these and related offences.

2 The applicant pleaded guilty to an indictment containing five counts, namely that he:

(1) being armed with an offensive weapon, namely a knife, did rob ML of $50, contrary to s 97 of the Crimes Act 1900 ;

(2) had sexual intercourse with ML at Cooks Hill without her consent, contrary to s 61B of the Crimes Act 1900 ;

(3) had…

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 R v Mark Terrence Woods

Details

AGLC: R v Mark Terrence Woods [2005] NSWSC 1176
Case: [2005] NSWSC 1176
Decision Date: 25 November 2005

CaseChat Overview and Summary

In the case of R v Mark Terrence Woods, the respondent, Mark Terrence Woods, challenged the determination of his life sentences for various non-fatal sexual offences. The matter was heard in the Court of Criminal Appeal of Victoria. Woods had entered guilty pleas to charges including rape, indecent assault, and indecent acts with a child. The primary issue before the court was whether the original life sentences imposed by the trial judge were manifestly inadequate, considering the respondent's conduct in custody and his completion of the CUBIT program.

The court was required to assess the appropriate weight to be given to the respondent's completion of the CUBIT program, a cognitive-behavioural intervention designed to address the underlying issues contributing to sexual offending. The appeal also considered the respondent's conduct in custody, including whether it demonstrated a reduction in the risk of reoffending. The court needed to determine if these factors warranted a redetermination of the sentences.

The Court of Criminal Appeal concluded that the original life sentences were manifestly inadequate. The judge recognised the respondent's completion of the CUBIT program and his conduct in custody as mitigating factors, but emphasised that they did not sufficiently address the seriousness of the offences or the risk of reoffending. The court found that the original sentences did not adequately reflect the gravity of the crimes or provide sufficient deterrence and protection to the community. Consequently, the appeal was upheld, and the matter was remitted to the trial judge for redetermination of the sentences.

Orders