Braedon WILLIAMS v R [2013] NSWCCA 15

Braedon WILLIAMS v R [2013] NSWCCA 15

No allowance for prospective quasi-custody was required because any future residential rehabilitation and parole conditions were uncertain and within the Parole Authority's province, and the sentencing judge had already extended additional leniency. The applicant had no justifiable sense of grievance: Sullivan was sentenced by the same judge with attention to the differing subjective cases, and Eric Williams' markedly different sentence was justified by his completed residential rehabilitation and exceptional rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted, Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Break, Enter and Steal' 'co Offenders' 'parity/proportionality' 'quasi Custody' 'residential Rehabilitation' 'parole Conditions']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'co Offenders' 'parity/proportionality' 'quasi Custody' 'residential Rehabilitation' 'parole Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted, Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentence failed to take into account the quasi-custody of residential rehabilitation recommended on parole' "Whether the comparison between the applicant's sentence and the sentences imposed on his co-offenders gave rise to a justifiable sense of grievance"]

Ratio Decidendi

No allowance for prospective quasi-custody was required because any future residential rehabilitation and parole conditions were uncertain and within the Parole Authority's province, and the sentencing judge had already extended additional leniency. The applicant had no justifiable sense of grievance: Sullivan was sentenced by the same judge with attention to the differing subjective cases, and Eric Williams' markedly different sentence was justified by his completed residential rehabilitation and exceptional rehabilitation prospects.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']