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R v Wilson

R v Wilson

Case [2005] NSWCCA 112 29 April 2005

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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 2005

JUDGMENT 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 189

PARTIES:
Regina - Crown
Shannon Blake Wilson - Respondent

FILE NUMBER(S):
CCA 2004/1807

COUNSEL:
P. Miller - Crown
R. Hulme SC - Respondent

SOLICITORS:
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

BRYSON JA
STUDDERT J
ADAMS J
FRIDAY 29 APRIL 2005

REGINA v. SHANNON BLAKE WILSON

Judgment

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…

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 Wilson

Details

AGLC: R v Wilson [2005] NSWCCA 112
Case: [2005] NSWCCA 112
Decision Date: 29 April 2005

CaseChat Overview and Summary

The case of R v Wilson involved the defendant, Wilson, who was convicted of murder. The victim, a taxi driver, was killed by Wilson in a confrontation over the payment of a fare. Wilson, who was 18 years old at the time of the offence, used a knife during the incident. The Crown appealed against the sentence imposed by the trial judge, which was 12 years with a non-parole period of 8 years, arguing that it was too lenient. The Court of Criminal Appeal (CCA) heard the appeal and allowed it, imposing a sentence of 15 years with a non-parole period of 11 years.

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