Reported Decision: 172 A Crim R 505
New South Wales
Court of Criminal Appeal
CITATION: R v Wilson-Winship [2007] NSWCCA 163 HEARING DATE(S): 24/04/07
JUDGMENT DATE:
27 July 2007JUDGMENT OF: James J at 1; Rothman J at 2; Harrison J at 67 DECISION: 1. Appeal by the Crown against the sentence imposed by his Honour Judge Williams on 15 December 2006 be granted.
2. The sentence imposed by his Honour Judge Williams on Justin Wilson-Winship for robbery armed with an offensive weapon committed on 29 September 2005 be quashed.
3. The aforesaid Justin Wilson-Winship, for that offence, be sentenced to a non-parole period of 3 years’ imprisonment commencing on 26 February 2006 and expiring on 25 February 2009 and a remainder of sentence of 3 years to expire on 25 February 2012.
CATCHWORDS: CRIMINAL LAW – APPEAL – Crown Appeal – armed robbery of bank – non-applicability of R v Henry guideline – double counting of discount on plea of guilty – manifest inadequacy. LEGISLATION CITED: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321
R v AA [2006] NSWCCA 55.
R v Abboud [2005] NSWCCA 251
R v Henry (1999) 46 NSWLR 346
R v O’Donoghue (1988) 34 A Crim R 397
R v Prasad (2004) 147 A Crim R 385
R v Thomson and Houlton (2000) 49 NSWLR 383
R v Wall [2002] NSWCCA 42
Veen v R (No. 2) (1988) 164 CLR 465PARTIES: Regina (Applicant)
Justin Wilson-Winship (Respondent)FILE NUMBER(S): CCA 2007/321 COUNSEL: J. Dwyer (Crown)
C. Craigie SC (Respondent)SOLICITORS: S. Kavavnagh (DPP)
S.E. O'Connor (LAC)
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/11/0875 LOWER COURT JUDICIAL OFFICER: Williams DCJ LOWER COURT DATE OF DECISION: 15/12/06
2007/321
27 JULY 2007JAMES J
ROTHMAN J
HARRISON J
1 JAMES J: I agree with Rothman J.
2 ROTHMAN J: The Crown appeals against the sentence imposed on the respondent, Justin Wilson-Winship, by his Honour Judge Williams on 15 December 2006.
3 The respondent was sentenced to imprisonment for a non-parole period of two years and three months to commence on 26 February 2006 and expire on 25 May 2008 with the remainder of sentence of one year and six months to expire on 25 November 2009.
4 At the time that the respondent was sentenced in this matter, he was already serving a prison sentence for earlier offences. Hence his sentence dated from 26 February 2006.
5 The sentencing judge, Williams DCJ, sentenced the respondent after a plea of guilty to the offence of robbery armed with an offensive weapon, contrary to section 97(1) of the Crimes Act 1900 (NSW). The maximum imprisonment for such an offence is 20 years’ imprisonment. The date of offence was 29 September 2005.
Principles on Crown Appeal.
6 Before reciting the facts and issues raised by the Crown in their appeal, it is important to recite the principles that inform the exercise…
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- AGLC
- R v Wilson-Winship [2007] NSWCCA 163
- Case
- [2007] NSWCCA 163
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the trial judge's failure to apply the guideline in R v Henry was an error, and whether the judge had indeed double-counted the discount on the plea of guilty. Additionally, the court had to assess whether the sentence was manifestly inadequate.
The court found that the trial judge's failure to apply the guideline in R v Henry was not an error, as the guideline was not applicable to the facts of this case. Regarding the discount for the plea of guilty, the court held that the judge had not double-counted but had correctly applied the discount in accordance with the sentencing principles. However, the court concluded that the sentence was manifestly inadequate, taking into account the seriousness of the offence and the need for general deterrence. The appeal was therefore allowed, and the case was remitted to the sentencing judge for re-sentencing.
The final orders of the court were that the appeal be allowed, the conviction be upheld, and the matter be remitted to the sentencing judge for re-sentencing. The cross-appeal was dismissed.
Orders
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Background
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Evidence
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Ratio Decidendi
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