Reported Decision:
153 A Crim R 257
New South Wales
Court of Criminal Appeal
CITATION: R v WILSON [2005] NSWCCA 112
HEARING DATE(S): 02/11/2004
JUDGMENT DATE:
29 April 2005JUDGMENT OF: Bryson JA at 1; Studdert J at 40; Adams J at 53
DECISION: Appeal allowed. Set aside the sentence imposed by Simpson J. Sentence the respondent to a term of imprisonment of fifteen years to date from 22 October 1999 and to expire on 21 October 2014. Set non-parole period of eleven years to commence on 22 October 1999 and to expire on 21 October 2010. Specify 21 October 2010 as the first date upon which the respondent is to become eligible for release upon parole.
CATCHWORDS: CRIMINAL LAW – sentence – murder – intention to inflict grievous bodily harm – offender aged 18 years killed taxi driver with knife in confrontation over payment of fare – Crown appealed against sentence 12 years, non-parole 8 years – appeal allowed and sentenced to 15 years, non-parole 11 years. - CRIMINAL LAW – appeal- division of opinion in CCA – Bryson JA (most severe sentence) supported Studdert J (intermediate opinion) in order to achieve decision.
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912 (NSW)
Judiciary Act 1903 (Cth)
Mental Health (Criminal Procedure) Act 1990
Supreme Court Act 1970 (NSW)CASES CITED: Arbest Pty Ltd & Ors v. State of New South Wales [No.2] (unreported, NSWCA, 2 February 1996)
Elliott & Hitchins v R (1983) 9 A Crim R 238
Gilmore v. R (1979) 1 A Crim R 416
Henderson v. R (unreported, NSWCCA, 18 December 1975, L.W. Street CJ)
R v. CJP [2004] NSWCCA 188
R v Fleige (unreported, NSWCCA, 19 November 1982 )
R v Holder [1983] 3 NSWLR 245
R v. Houlton [2000] NSWCCA 183
R v. Huynh [2001] NSWCCA 269
R v Kalache (2000) 111 A Crim R 152
R v. Merritt [2000] NSWCCA 365
R v. Mills (unreported, NSWCCA 3 April 1995)
R v. M M [2002] NSWCCA 431
R v. Phung [2001] NSWSC 115
R v. Simpson (2001) 53 NSWLR 704
R v. Thomson (2000) 49 NSWLR 383
Rohde v Director of Public Prosecutions (1986) 161 CLR 119
Tasmania v. Victoria (1935) 52 CLR 157
Woolworths Ltd v. Kelly (1990) 22 NSWLR 189PARTIES: Regina - Crown
Shannon Blake Wilson - RespondentFILE NUMBER(S): CCA 2004/1807
COUNSEL: P. Miller - Crown
R. Hulme SC - RespondentSOLICITORS: S. Kavanagh (Solictor for Public Prosecutions) - Crown
S. O'Connor (Legal Aid Commission) - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70073/01
LOWER COURT JUDICIAL OFFICER: Simpson J.
2004/1807
FRIDAY 29 APRIL 2005BRYSON JA
STUDDERT J
ADAMS J
1 BRYSON JA: The Crown appeals against the sentence imposed on the respondent by Simpson J on 7 July 2004 upon his conviction on a plea of guilty to a charge of murder. The respondent was sentenced to imprisonment for 12 years commencing on 22 October 1999, with…
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- AGLC
- R v Wilson [2005] NSWCCA 112
- Case
- [2005] NSWCCA 112
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were the appropriate sentence for the offence of murder and whether the original sentence was too lenient. The court had to consider the nature and circumstances of the offence, the age of the offender, and the principles of sentencing for murder. The court also had to determine whether there was a division of opinion in the CCA and, if so, how to resolve it.
The Court of Criminal Appeal considered the severity of the offence and the need for deterrence and retribution. Bryson JA, who favoured the most severe sentence, was supported by Studdert J, who held an intermediate opinion. This allowed the court to achieve a decision. The court found that the original sentence was indeed too lenient and increased the sentence to reflect the seriousness of the offence. The final orders of the court were that Wilson be sentenced to 15 years imprisonment, with a non-parole period of 11 years.
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
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