Woodward v R

Case

[2014] NSWCCA 205

03 October 2014


Details
AGLC Case Decision Date
Woodward v R [2014] NSWCCA 205 [2014] NSWCCA 205 03 October 2014

CaseChat Overview and Summary

In the case of Woodward v R, the applicant sought to appeal against the sentence imposed by the Supreme Court of South Australia. Woodward, the applicant, had pleaded guilty to dangerous driving causing death. The primary issue before the Court of Criminal Appeal was whether the sentencing judge's failure to refer to the applicant's guilty plea constituted a disregard of the plea, and if so, whether this could result in the sentence being deemed manifestly excessive. Additionally, the court considered whether the discount for a guilty plea could be inferred from the guideline judgments.

The Court of Criminal Appeal found that the sentencing judge's failure to refer to the guilty plea did not mean the plea was disregarded, as it was clear from the overall context that the plea was taken into account. The court also considered that the discount for a guilty plea could be inferred from guideline judgments, even if not explicitly mentioned. The sentencing judge's failure to refer to the plea was not deemed to render the sentence manifestly excessive, as the overall sentence was within the range of what could be considered appropriate for the offence. The Court of Criminal Appeal ultimately determined that the sentence was not manifestly excessive and dismissed the application for resentencing.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Dangerous Driving Causing Death

  • Guideline Judgments

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Cases Citing This Decision

28

Monfries v The Queen [2014] ACTCA 46
Monfries v The Queen [2014] ACTCA 46
Monfries v The Queen [2014] ACTCA 46
Cases Cited

10

Statutory Material Cited

2

Convery v R [2014] NSWCCA 93
R v Whyte [2002] NSWCCA 343