Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Wardell v R [2025] NSWCCA 26 Hearing dates: 16 September 2024 Date of orders: 3 March 2025 Decision date: 03 March 2025 Before: Wright J;
Ierace J;
Rigg JDecision: (1) Grant the applicant leave to make the application for leave to appeal out of time, pursuant to r 3.5(5) of the Supreme Court (Criminal Appeal) Rules.
(2) Grant the applicant leave to appeal against conviction.
(3) Dismiss the appeal against conviction.
(4) Grant the applicant leave to appeal against sentence.
(5) Dismiss the appeal against sentence.
Catchwords: CRIME – appeals – appeal against conviction –miscarriage of justice – jury directions – tendency directions – content of tendency directions and standard of proof – potential for impermissible circular reasoning by jury – on summing up viewed as a whole jury not deflected from proper task – no miscarriage of justice
CRIME – appeals – appeal against sentence– aggregate sentence – obligation to indicate sentences that would have been imposed if aggregate sentence not imposed – indicative sentences where s 5 Crimes (Sentencing Procedure) Act threshold may not be crossed for offences in isolation – no error in indicating sentences of imprisonment for those offences in the circumstances
CRIME – appeals – appeal against sentence– sentencing considerations – interaction of non-parole period and life expectancy of offender – where trial judge considered life expectancy in determining non-parole period but did not apply a mechanical formula – no error
Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M(1)
Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1), 10(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A(2)
Evidence Act 1995 (NSW), ss 55(1), 97, 142
Supreme Court (Criminal Appeal) Rules 2021 (NSW), rr 3.5(5), 4.15
Cases Cited: The Queen v Dennis Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40
BRC v R [2020] NSWCCA 176; 284 A Crim R 124
Davies v R [2019] NSWCCA 45; 277 A Crim R 1Decision Restricted [2022] NSWCCA 259
Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15; (2024) 98 ALJR 644
Director of Public Prosecutions v Roder (a pseudonym) [2023] VSCA 262
Gould v R [2023] NSWCCA 103; 377 FLR 26
R v Holyoak (1995) 82 A Crim R 502
Huxley v The Queen [2023] HCA 40; (2023) 98 ALJR 62
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Khorami v R; R v Khorami [2021] NSWCCA 228
Category: Principal judgment Parties: Paul Anthony Wardell (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
T Game SC / L-C Hutchinson (Applicant)
B Hatfield SC / E Nicholson (Respondent)
Katsoolis + Co (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2019/00238018; 2019/00238082 Publication restriction: Pursuant to s 578A…
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- AGLC
- Wardell v The King [2025] NSWCCA 26
- Case
- [2025] NSWCCA 26
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Court were whether the jury directions constituted a miscarriage of justice and whether the trial judge erred in determining the non-parole period and imposing the aggregate sentence. The Court had to assess whether the jury could have been misled by the tendency evidence and directions, and if the aggregate sentence was appropriately determined. The Court found that the jury directions, when viewed as a whole, did not result in a miscarriage of justice and the trial judge did not err in imposing the aggregate sentence.
The Court held that the tendency evidence and directions, while potentially complex, did not result in impermissible circular reasoning that would have deflected the jury from their proper task. The Court also found that the trial judge appropriately considered the offender's life expectancy in determining the non-parole period but did not apply a mechanical formula. The aggregate sentence was considered appropriate given the totality of the offences.
The Court dismissed the appeal against conviction and sentence, affirming the original findings and sentences imposed by the trial judge. The High Court found no error in the trial process or in the imposition of the aggregate sentence.
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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