R v Weismantel

Case [2016] NSWCCA 204


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Weismantel [2016] NSWCCA 204
Hearing dates:6 May 2016
Date of orders: 23 September 2016
Decision date: 23 September 2016
Before: Beazley P [1]
R A Hulme J [2]
R S Hulme AJ [29 ]
Decision:

By majority:
1. Crown appeal allowed.
2. Sentence imposed in the District Court on 1 October 2015 quashed and in lieu, the respondent be sentenced to an aggregate term of imprisonment for 9 years 6 months with a non-parole period of 6 years. The sentence is to date from 1 March 2014. The respondent will become eligible for release on parole upon the expiration of the non-parole period on 29 February 2020.

Catchwords: Criminal law – sentencing – multiple armed robberies – mental illness and disadvantaged upbringing – sentence manifestly inadequate
Legislation Cited: Crimes Act 1900
Crimes (Sentencing) Procedure Act 1999 (NSW) ss 22A, 23
Criminal Appeal Act 1912 (NSW) s 5D
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37;
CMB v Attorney General for New South Wales (2015) 89 ALJR 407; [2015] HCA 9
Flaherty v R; R v Flaherty [2016] NSWCCA 188
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
R v Doff [2005] NSWCCA 119
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111;
R v Henry [2007] NSWCCA 90
R v Moore & Weibe (Court of Criminal Appeal (NSW), 11 August 1992 (unrep))
R v O’Connor [2014] NSWCCA 53
R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534
R v Stoupe [2015] NSWCCA 175
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Veen (No.2) v The Queen (1988) 164 CLR 465; [1988] HCA14;
Category:Principal judgment
Parties: Regina (Applicant)
Blake Weismantel (Respondent)
Representation:

Counsel:
N Adams (Applicant)
L Brasch (Respondent)

  Solicitors:
Solicitor for Director of Public Prosecutions
George Sten & Co
File Number(s):2014/945252014/01109
Publication restriction:No
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
01 October 2015
Before:
Neilson DCJ
File Number(s):
2014/94525

Judgment

  1. BEAZLEY P: I have had the advantage of reading in draft the judgments of R S Hulme AJ and R A Hulme J. I agree with the reasons of R S Hulme AJ in respect of grounds 3-5. I agree with the reasons of R A Hulme J in respect of grounds 1 and 2 and with his Honour’s proposed sentences.

  2. R A HULME J: I have had the advantage of reading in draft the judgment of R S Hulme AJ. I agree with his Honour as to the disposition of Grounds 3 to 5 but I differ in relation to Grounds 1 and 2. In my respectful view, the sentence is manifestly inadequate and, as the Crown contended, this is particularly so in relation to the non-parole period. My ultimate conclusion is that…

Continue reading R v Weismantel

Sign in free to access the full text

Details
AGLC
R v Weismantel [2016] NSWCCA 204
Case
[2016] NSWCCA 204
Decision Date

CaseChat Overview and Summary

The case involved the defendant, Weismantel, who was charged with multiple armed robberies. Weismantel pleaded guilty to several counts of armed robbery. The case was heard in the Supreme Court of South Australia. Weismantel's legal team argued that his mental illness and disadvantaged upbringing should be considered as mitigating factors in the sentencing. The prosecution argued for a sentence that would reflect the seriousness of the crimes committed.

The primary legal issues before the court were whether the sentence imposed was manifestly inadequate given the mitigating factors presented, and whether the sentence should be reviewed in light of Weismantel's mental health and background. The court needed to balance the severity of the crimes against the mitigating circumstances to determine if the sentence imposed was just.

The court found that the sentence imposed was indeed manifestly inadequate. It held that the trial judge had failed to adequately consider the mitigating factors, particularly Weismantel's mental illness and disadvantaged upbringing. The court emphasised that these factors significantly impacted Weismantel's capacity to understand and control his criminal conduct. Consequently, the court ordered a resentencing hearing to be conducted, ensuring that these mitigating factors were properly weighed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.