SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Williams v The Queen |
Citation: | [2016] ACTCA 15 |
Hearing Date: | 8 February 2015 |
DecisionDate: | 13 May 2016 |
Before: | Refshauge, Penfold and Wigney JJ |
Decision: | 1. The appeal is allowed. 2. The orders made by Burns J on 5 June 2015 other than the Good Behaviour Orders in relation to the offences of proceed when traffic arrow red (CC14/05178) and exceed speed limit (CC14/5179) be set aside. 3. Derek Joseph Williams is re-sentenced as follows: (i) for the offence of aggravated burglary (CC14/5180) he is sentenced to imprisonment for one year and eight months to commence on 5 March 2015 and end on 4 November 2016; (ii) for the offence of theft (CC14/5181) he is sentenced to imprisonment for four months to commence on 5 August 2016 and end on 4 December 2016; (iii) for the offence of driving whilst disqualified (CC14/5175) he is sentenced to four months imprisonment to commence on 5 September 2016 and end on 4 January 2017 and he is disqualified from holding or obtaining a licence from 13 May 2016 to 22 June 2017; (iv) for the offence of furious/reckless/dangerous driving (CC14/05176) he is sentenced to four months imprisonment to commence on 5 October 2016 and end on 4 February 2017 and he is disqualified from holding or obtaining a licence from 13 May 2016 to 22 June 2016; (v) for the offence of driving a motor vehicle without consent (CC14/05177) he is sentenced to five months imprisonment to commence on 5 December 2016 and end on 4 April 2017. 4. The sentence will be suspended with effect from 16 May 2016. 5. Derek Joseph Williams is required to sign an undertaking to comply with the offender’s good behaviour obligations for twelve months with a probation condition that he be under the supervision of the Director-General or her delegate for twelve months or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to where he resides, and him undertaking such vocational courses and treatment and counselling for drug and alcohol addiction and mental impairment as the person supervising him considers appropriate. |
Catchwords: | APPEAL – Criminal law – appeal against sentence – multiple offences committed – whether the sentence imposed by the trial judge caused disparity between co-offender’s sentences – re-sentencing |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), s 205 Road Transport (Safety and Traffic Management) Act 1999 (ACT), s 7(1) Australian Road Rules (ACT), rr 20, 60 |
Cases Cited: | Bugmy v The Queen (2013) 249 CLR 571 Dalton v The Queen [2015] ACTCA 48 |
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- AGLC
- Williams v The Queen [2016] ACTCA 15
- Case
- [2016] ACTCA 15
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether the sentence imposed on Mr. Williams was manifestly excessive or unjust, particularly in light of the disparity with his co-offender's sentence. This involved a re-sentencing exercise to assess the appropriate punishment for the offences committed by Mr. Williams, considering all relevant factors, including the need for consistency in sentencing where appropriate.
The Court allowed the appeal, finding that the original sentence did indeed cause an unjust disparity. In re-sentencing Mr. Williams, the Court applied principles of sentencing that aim to achieve proportionality and avoid unwarranted differences between co-offenders. The Court set aside the original orders, except for the Good Behaviour Orders for two minor traffic offences, and imposed a new sentence structure. This new sentence included terms of imprisonment for the more serious offences, with specific commencement and end dates, and disqualifications from holding a driver's licence. Crucially, the overall sentence was suspended from 16 May 2016, subject to Mr. Williams entering into a good behaviour undertaking for twelve months. This undertaking included supervision by the Director-General or their delegate, with conditions relating to residence, and mandatory participation in vocational courses and treatment for drug and alcohol addiction and mental impairment as deemed appropriate by the supervisor.
Orders
Orders of the court
1. The appeal is allowed.
2. The orders made by Burns J on 5 June 2015 other than the Good Behaviour Orders in relation to the offences of proceed when traffic arrow red (CC14/05178) and exceed speed limit (CC14/5179) be set aside.
3. Derek Joseph Williams is re-sentenced as follows:
(i) for the offence of aggravated burglary (CC14/5180) he is sentenced to imprisonment for one year and eight months to commence on 5 March 2015 and end on 4 November 2016;
(ii) for the offence of theft (CC14/5181) he is sentenced to imprisonment for four months to commence on 5 August 2016 and end on 4 December 2016;
(iii) for the offence of driving whilst disqualified (CC14/5175) he is sentenced to four months imprisonment to commence on 5 September 2016 and end on 4 January 2017 and he is disqualified from holding or obtaining a licence from 13 May 2016 to 22 June 2017;
(iv) for the offence of furious/reckless/dangerous driving (CC14/05176) he is sentenced to four months imprisonment to commence on 5 October 2016 and end on 4 February 2017 and he is disqualified from holding or obtaining a licence from 13 May 2016 to 22 June 2016;
(v) for the offence of driving a motor vehicle without consent (CC14/05177) he is sentenced to five months imprisonment to commence on 5 December 2016 and end on 4 April 2017.
4. The sentence will be suspended with effect from 16 May 2016.
5. Derek Joseph Williams is required to sign an undertaking to comply with the offender’s good behaviour obligations for twelve months with a probation condition that he be under the supervision of the Director-General or her delegate for twelve months or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to where he resides, and him undertaking such vocational courses and treatment and counselling for drug and alcohol addiction and mental impairment as the person supervising him considers appropriate.
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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