Regina v Whitmore [1999] NSWCCA 75

Regina v Whitmore [1999] NSWCCA 75

The sentencing judge did not err in finding the applicant had a dangerous propensity to attack women with whom he formed relationships when problems arose, gave sufficient consideration to age, and the sentence imposed was not manifestly excessive given the circumstances of premeditation, lack of remorse, and the nature of the offence.

Parties
Appellant: Arthur Edward Whitmore; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Murder, Sentencing, Premeditation, Age of Offender, Relationship With Victim
Criminal Law Murder Sentencing Premeditation Age of Offender Relationship With Victim

Case Brief

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Parties

Arthur Edward Whitmore

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the applicant's dangerous propensity to attack women in relationships when problems arose
  2. 2 Whether sufficient weight was given to the applicant's age
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in finding the applicant had a dangerous propensity to attack women with whom he formed relationships when problems arose, gave sufficient consideration to age, and the sentence imposed was not manifestly excessive given the circumstances of premeditation, lack of remorse, and the nature of the offence.

Court Disposition

Appeal dismissed

Orders

  • Application for leave to appeal granted
  • Appeal dismissed