R v Wheeler

Case [2000] NSWCCA 34


CITATION: Regina v Wheeler [2000] NSWCCA 34
FILE NUMBER(S): CCA 60298/99
HEARING DATE(S): 16/2/2000
JUDGMENT DATE:
16 February 2000

PARTIES :


Regina
Matthew Wheeler
JUDGMENT OF: Sully J at 1; Carruthers AJ at 51
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 99/31/0001
LOWER COURT JUDICIAL
OFFICER :
Kirkham DCJ
COUNSEL : C. K. Maxwell QC - Crown
P. Hamill - Appellant
SOLICITORS: S. E. O'Connor - Crown
T. A. Murphy - Appellant
LEGISLATION CITED: Crimes Act 1900
CASES CITED:
Pearce v The Queen - High Court of Australia
Regina v Henry
Regina v Budd
DECISION: Leave to appeal granted; Sentences imposed in Court below quashed; Re-sentenced as per judgment


IN THE COURT OF
CRIMINAL APPEAL

60298/99

SULLY J
CARRUTHERS AJ

16 February 2000


REGINA v Matthew WHEELER

JUDGMENT

1 SULLY J: : Mr Matthew Wheeler applies for leave to appeal against a number of sentences imposed upon him on 19 May 1999 by his Honour Judge Kirkham sitting in the District Court at Gosford. Mr Wheeler had pleaded guilty to seven counts, each of which charged against him a significantly serious criminal offence. 2 Four of the seven matters involved a charge of robbery, a contravention of s 94 of the Crimes Act 1900, attracting upon conviction a maximum statutory penalty of imprisonment for fourteen years. 3 There was a single count of attempted robbery, a contravention of, in combination, ss 94 and 344A of the Crimes Act 1900 and attracting upon conviction a maximum penalty of imprisonment of fourteen years. 4 Counts 5 and 6, the remaining two counts, each charged the offence of robbery in company, such offence being a contravention of s 97(1) of the Crimes Act 1900 and attracting upon conviction a statutory maximum penalty of imprisonment for twenty years. 5 The applicant asked that there be taken into account in connection with his sentencing other matters listed on a Form 1. They involved two matters of assault; and four matters each involving the theft of a motor vehicle. 6 The learned primary Judge dealt with the application as follows: on the first two counts, each of which was a count of robbery, his Honour imposed a sentence of imprisonment for twelve years apportioned between a minimum term of nine years and an additional term of three years; and each such sentence was ordered to be served concurrently. In respect of each of the outstanding five matters, his Honour imposed a sentence of imprisonment for four years as a fixed term, and dated so as to be served concurrently with the sentences passed upon counts 1 and 2. His Honour took into account in the appropriate way the matters that had been placed before him on the Form 1. 7 The seven matters now in point were committed on seven separate days as follows: 5 May 1998, 14 May 1998, 5 June 1998, 21 August 1998, 18 September 1998, 21 September 1998 and 25 September 1998. In other words, the applicant stood for…

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AGLC
R v Wheeler [2000] NSWCCA 34
Case
[2000] NSWCCA 34
Decision Date

CaseChat Overview and Summary

The case of Regina v Wheeler involved Matthew Wheeler appealing against the sentences imposed on him by the District Court. Wheeler had pleaded guilty to seven counts of robbery and related offences. The lower court had sentenced him to twelve years for two counts, and four years for the remaining five counts, all to be served concurrently. Wheeler's appeal was grounded on two arguments: firstly, that the sentencing judge did not correctly consider the appropriate sentence for each individual offence as required by Pearce v The Queen, and secondly, that the sentences imposed were excessively severe compared to the statistical range of sentences for similar offences. The Court of Criminal Appeal considered these arguments and found merit in the latter, noting that the sentences imposed by the District Court were indeed at the upper limit of the relevant pre-existing range of sentences. The Court also found that the sentencing judge had erred in not considering the appropriate sentence for each individual offence. Consequently, the Court granted Wheeler leave to appeal, quashed the sentences imposed by the lower court, and re-sentenced Wheeler to eight years for two counts and four years for the remaining five counts, all to be served concurrently.

The Court of Criminal Appeal thus re-evaluated the sentences in light of the established legal principles and statistical data, ultimately reducing Wheeler's sentence from twelve years to eight years. The decision underscores the importance of balancing the principles of totality and public confidence in the administration of criminal justice when sentencing multiple offences.

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Background

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