Williams v R [2010] NSWCCA 15

Williams v R [2010] NSWCCA 15

Although the sentencing judge misapplied s 21A(2)(n) Crimes (Sentencing Procedure) Act 1999 by finding the offence was part of organised criminal activity, the offence was professionally planned and executed; the error did not materially affect the appropriateness of the sentence. The sentence was not manifestly excessive given the seriousness, planning involved, and lack of mitigating circumstances.

Parties
Applicant: Brett Michael Williams; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
16 February 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Grounds for Interference With Sentence, Sentencing Principles, Aggravating and Mitigating Factors, Planned or Organised Criminal Activity
Criminal Law Appeal Against Sentence Grounds for Interference With Sentence Sentencing Principles Aggravating and Mitigating Factors Planned or Organised Criminal Activity

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Parties

Brett Michael Williams

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the offence was part of professional planning or organised criminal activity
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

Although the sentencing judge misapplied s 21A(2)(n) Crimes (Sentencing Procedure) Act 1999 by finding the offence was part of organised criminal activity, the offence was professionally planned and executed; the error did not materially affect the appropriateness of the sentence. The sentence was not manifestly excessive given the seriousness, planning involved, and lack of mitigating circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Appeal dismissed.