NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Regina v Ronda Prestwidge [2002] NSWCCA 439 revised - 26/02/2004
FILE NUMBER(S):
60905/01
HEARING DATE(S): 29/10/02
JUDGMENT DATE: 08/11/2002
PARTIES:
Regina
Ronda Shane Prestwidge
JUDGMENT OF: Dunford J Kirby J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 01/21/1166
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
COUNSEL:
P Barrett (Crown)
H K Dhanji (Appl)
SOLICITORS:
S E O'Connor (Crown)
D J Humphreys (Appl)
CATCHWORDS:
CRIMINAL PRACTICE & PROCEDURE
Parity
Discount for plea of guilty on utilitarian grounds
Home invasion
LEGISLATION CITED:
Crimes Act, 1900
DECISION:
Ref para 48
JUDGMENT:
Revised 26/2/04
THE COURT OF
CRIMINAL APPEAL
60905/01
DUNFORD J
KIRBY JFriday 8 November 2002
REGINA v Ronda Shane PRESTWIDGE
Judgment
DUNFORD J: I agree with Kirby J.
KIRBY J: Ronda Shane Prestwidge (the applicant) seeks leave to appeal against the sentence imposed by his Honour Judge Freeman in the District Court on 13 December 2001. Ms Prestwidge was charged with breaking, entering and stealing from a dwelling in circumstances of aggravation, the circumstances being the malicious infliction of actual bodily harm (s112(2) Crimes Act, 1900) (the Act). Ms Prestwidge pleaded guilty to that offence. She asked his Honour to take account of a number of offences on a Form 1, namely, one count of larceny (s117 of the Act), and four counts of attempted break and enter with intent to steal (s112(1) of the Act).
His Honour imposed a sentence of imprisonment of five years and three months, dating from Ms Prestwidge's arrest on 4 March 2001. He fixed a non parole period of three and a half years.
When sentencing Ms Prestwidge, his Honour also sentenced the person with whom she was in company, Mr John Carter. Mr Carter faced an indictment expressed in the same terms (including the Form 1). He, likewise, pleaded guilty. The sentence imposed upon Mr Carter was six years three months dating from 4 March 2001, with a non parole period of four years and six months.
The Offences
Ms Prestwidge is a woman aged 32 years. Some months before March 2001, she formed an association with Mr John Carter. Both were involved in drug taking. Each had a significant criminal record.
On 3 March 2001 at 10.30 pm, Ms Prestwidge and Mr Carter broke into a suburban dwelling occupied by Mr Hewitt. Mr Hewitt was aged 86 years. He lived alone. He heard the dog barking and went to investigate. He then saw Mr Carter and Ms Prestwidge rushing towards him. Mr Carter was armed with a screwdriver. He demanded money. Mr Hewitt said that he had none. Mr Carter then forced the victim's head to one side, holding the screwdriver to his throat. Ms Prestwidge remained in the near vicinity. Mr Carter repeated his demand for money. The victim directed his assailants to an ashtray where he had small change.
Mr Hewitt then cried out for help. Mr Carter responded by removing a pillow from behind Mr Hewitt's head. He placed it over…
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- AGLC
- R v Ronda Prestwidge [2002] NSWCCA 439
- Case
- [2002] NSWCCA 439
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was the appropriate application of the principle of parity in sentencing. Parity refers to the consistency in sentencing for similar offences. The court had to consider the utility of the defendant's early guilty plea, which included factors such as the preservation of judicial resources and the potential deterrence to others. The defendant argued that her early guilty plea should result in a reduction in her sentence, which would otherwise be at the higher end of the scale for home invasion offences. The prosecution contended that such a discount was not appropriate given the seriousness of the offence.
In delivering its judgment, the court acknowledged the principle of parity and the benefits of an early guilty plea. However, it found that the utility of the plea did not justify a significant reduction in the sentence. The court held that while the defendant's plea did contribute to the efficient administration of justice, the nature of the offence warranted a substantial penalty to reflect its seriousness and to deter similar conduct. The court imposed a sentence that reflected the defendant's early guilty plea to a limited extent but maintained a substantial penalty reflective of the gravity of the home invasion offence.
The final orders of the court were that the defendant, Ronda Prestwidge, was to serve a sentence that included a partial discount for her early guilty plea, while still reflecting the seriousness of the home invasion offence. The court's decision balanced the principles of parity and the utilitarian benefits of the plea, ultimately determining that the sentence should not be excessively reduced.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: DUNFORD J
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