Regina v Williams [2004] NSWSC 189

Regina v Williams [2004] NSWSC 189

Given the very high level of culpability in the manslaughter of Donna Pearce, lack of genuine remorse, the violence used in the offence, the absence of effective assistance to authorities, and the prisoner's violent criminal history, a condign custodial sentence must be imposed to reflect objective seriousness, proportionality and community protection. A sentence of imprisonment for 14 years with a non-parole period of 10 years and 6 months is appropriate.

Parties
Crown: Regina; Prisoner: Anthony Robert Williams
Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for 14 years; non-parole period of 10 years and 6 months.
Legal Topics
Manslaughter, Sentencing, Provocation, Aggravating and Mitigating Factors
Criminal Law Manslaughter Sentencing Provocation Aggravating and Mitigating Factors

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Parties

Regina

Crown

Anthony Robert Williams

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter following a plea of not guilty where provocation is found; assessment of culpability and role of aggravating/mitigating factors; effect of remorse, criminal history and assistance to authorities on sentence

Ratio Decidendi

Given the very high level of culpability in the manslaughter of Donna Pearce, lack of genuine remorse, the violence used in the offence, the absence of effective assistance to authorities, and the prisoner's violent criminal history, a condign custodial sentence must be imposed to reflect objective seriousness, proportionality and community protection. A sentence of imprisonment for 14 years with a non-parole period of 10 years and 6 months is appropriate.

Court Disposition

Sentenced to imprisonment for 14 years; non-parole period of 10 years and 6 months.

Orders

  • Anthony Robert Williams is sentenced to 14 years' imprisonment commencing 24 December 2001 and expiring 23 December 2015.
  • Non-parole period is fixed as 10 years and 6 months, commencing 24 December 2001 and expiring 23 June 2012.