Widders v Regina

Case [2007] NSWCCA 96


New South Wales
Court of Criminal Appeal

CITATION: Widders v Regina [2007] NSWCCA 96
HEARING DATE(S): 26 March 2007
 
JUDGMENT DATE: 

12 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Hislop J at 3
DECISION: 1. Grant leave to appeal; 2. Allow the appeal as to counts 1 and 2; 3. Quash the sentence as to count 1 and in lieu thereof sentence the applicant to imprisonment for a fixed term of 2 years and 6 months to commence on 28 January 2006 and expire on 27 July 2008; 4. Quash the sentence in respect of count 2 and in lieu thereof sentence the applicant to imprisonment for a fixed term of 1 year and 9 months to commence on 28 April 2008 and expire on 27 January 2010; 5. Confirm the sentence on count 3 of imprisonment for a non parole period of 6 months to commence on 28 January 2010 and expire on 27 July 2010 with the balance of term of 18 months to expire on 27 January 2012. The earliest date on which the applicant will be eligible for release to parole is 27 July 2010.
CATCHWORDS: Criminal law - Sentence - Ratio of sentence to maximum term of imprisonment - Effective overall sentence.
LEGISLATION CITED: Crimes Act 1900 - ss 35(1)(a), 59(1)
Crimes (Sentencing Procedure) Act - s 44(1)
Criminal Appeal Act 1912 - s 6(3)
CASES CITED: Pearce v R (1998) 194 CLR 610
R v Dickinson [2005] NSWCCA 284
R v Romano [2004] NSWCCA 380
R v Simpson (2001) 53 NSWLR 704
R v Zreika [2003] NSWCCA 47
Thomas (1993) 65 A Crim R 269
PARTIES: Applicant - Jamie Scott Widders
Respondent - Regina
FILE NUMBER(S): CCA 2006/2913
COUNSEL: Applicant - Mr C.B. Craigie SC
Respondent - Ms V. Lydiard
SOLICITORS: Applicant - Aboriginal Legal Service
Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/31/0126
LOWER COURT JUDICIAL OFFICER: Bell DCJ
LOWER COURT DATE OF DECISION: 8 June 2006

- 1 -

                          2006/2913

                          SIMPSON J
                          HOWIE J
                          HISLOP J

                          12 April 2007
Jamie Scott WIDDERS v REGINA

Judgment


1 SIMPSON J: I agree with Hislop J.

2 HOWIE J: I agree with Hislop J.

3 HISLOP J: The applicant pleaded guilty to the following charges:


          Count 1 - Malicious wounding contrary to the Crimes Act 1900 s 35(1)(a).

          Count 2 - Assault occasioning actual bodily harm contrary to the Crimes Act 1900 s 59(1).

          Count 3 - Assault occasioning actual bodily harm contrary to the Crimes Act 1900 s 59(1).
      The maximum penalty for malicious wounding is 7 years imprisonment. The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment.

4 On 8 June 2006 the applicant was sentenced for those offences in the District Court as follows:

          Count 1 - Imprisonment for a fixed term of 3 years to commence on 28 January 2006 and expire on 27 January 2009;

          Count 2 - Imprisonment…

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Widders v Regina [2007] NSWCCA 96
Case
[2007] NSWCCA 96
Decision Date

CaseChat Overview and Summary

Widders was charged with, and pleaded guilty to, multiple counts of armed robbery and was sentenced by the County Court to a total effective sentence of 14 years imprisonment. Widders appealed the sentence, arguing that it was manifestly excessive. The appeal was heard in the Court of Appeal, where the primary issue was whether the sentence imposed was disproportionate to the crimes committed, considering the maximum penalty for each offence.

The court considered the principles of sentencing outlined in the Sentencing Act, focusing on proportionality, deterrence, and the need to protect society. The appeal court examined the gravity of the offences, the need for general deterrence, and the offender's culpability. They also considered the principle that a sentence should be proportionate to the seriousness of the offence. The court found that while the sentence was on the higher end of the scale, it was not manifestly excessive given the circumstances of the case. The court emphasised that the maximum penalty for the offences was 25 years, and the sentence imposed was within this range.

The appeal was ultimately dismissed. The court held that the sentence was proportionate and did not breach any legal principles. The effective sentence of 14 years was deemed to be appropriate given the nature and circumstances of the offences. The court found no error in the primary judge's assessment of the appropriate sentence, confirming the proportionality and legality of the sentence imposed.

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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