Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Wootton v R [2014] NSWCCA 86 Hearing dates: 13 May 2014 Decision date: 21 May 2014 Before: Gleeson JA at [1]
RA Hulme J at [2]
Campbell J at [3]Decision: 1. Leave to appeal granted;
2. Appeal dismissed
Catchwords: CRIMINAL LAW - appeal - appeal against sentence - natural justice - procedural fairness - whether finding that gun crimes are on the rise without giving an opportunity to make submissions on the point constituted a denial of procedural fairness
CRIMINAL LAW - appeal - appeal against sentence - whether no evidence to support the finding that gun crimes are becoming increasingly prevalentLegislation Cited: Crimes Act 1900 (NSW), s 112
Criminal Appeal Act 1912 (NSW), s 6Cases Cited: Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2;
El Masri v R [2014] NSWCCA 13;
House v The King (1936) 55 CLR 499;
Nguyen v R; Phommalysack v R (2011) 31 VR 673; [2011] VSCA 32;
R v H (1980) 3 A Crim R 53;
R v House [2005] NSWCCA 88;
R v MacNeil-Brown (2008) 20 VR 677; [2008] VSCA 190;
Trajkovski v The Queen [2011] VSCA 170
WCB v The Queen (2010) 2 VR 483Category: Principal judgment Parties: David Wootton (Applicant)
Crown (Respondent)Representation: Counsel: G Brady (Applicant)
T Smith (Respondent)
Solicitors: Nyman Gibson Stewart (Applicant)
Solicitors for Public Prosecution (Respondent)
File Number(s): 2010/294414 Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2013-01-31 00:00:00
- Before:
- English DCJ
- File Number(s):
- 2010/294414
Judgment
GLEESON JA: I agree with Campbell J.
RA HULME J: I agree with Campbell J.
CAMPBELL J: The applicant was sentenced in the District Court on 31st January 2013 to a term of imprisonment of 10 years and 9 months with a non-parole period of 7 years for the offence of specially aggravated breaking and entering a dwelling and committing a serious indictable offence, contrary to s 112(3) Crimes Act 1900 (NSW). The serious indictable offence was robbery, and the circumstance of special aggravation was being armed with a .22 pump-action long rifle. The applicant indicated he would plead guilty in the days leading up to his trial.
The offence carries a maximum penalty of 25 years imprisonment and a standard non-parole period of 7.
Summary of the Facts
The applicant was one of three co-offenders who committed what is commonly referred to as a "home invasion" on the evening of 22nd August 2010 at the victim's residence in Katoomba. The men were armed with firearms and concealed their identity with either masks or full-face motorcycle helmets. The applicant was wearing a motorcycle helmet and actually carrying the .22 rifle.
The victim was home with his partner and their two-month old baby when the applicant and his accomplices knocked loudly on the front door at around 8:45 pm. One of them called out "Katoomba Police". The victim opened the door but immediately…
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- AGLC
- Wootton v R [2014] NSWCCA 86
- Case
- [2014] NSWCCA 86
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentencing judge's consideration of the rise in gun crimes without allowing Wootton to make submissions on this issue breached the principles of natural justice and procedural fairness. Additionally, the court needed to assess whether there was adequate evidence to support the judge's assertion regarding the increasing prevalence of gun crimes.
In its reasoning, the court held that the consideration of the rising trend of gun crimes did not constitute a breach of procedural fairness. The court found that the judge's observation was a permissible factor in the sentencing process, and there was no requirement for Wootton to be given an opportunity to comment on it. Furthermore, the court determined that there was sufficient evidence to support the judge's finding regarding the increasing prevalence of gun crimes, as the judge relied on reliable statistics and reports from relevant authorities. Consequently, the appeal against the sentence was dismissed.
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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