Regina v Williams [2000] NSWCCA 136

Regina v Williams [2000] NSWCCA 136

No appellable error was shown. The two-year additional term was one-third of the six-year minimum term, strongly suggesting that the sentencing judge had considered s.5(2) of the Sentencing Act 1989 and deliberately imposed the maximum additional term available in the absence of special circumstances. The matters relied on by the applicant had been adverted to by the sentencing judge, but he was not obliged to find them special circumstances requiring a greater additional term; the two-year additional term was adequate to facilitate rehabilitation and assistance on release. The overall sentence of eight years was within the proper exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Sentence Imposed in the Supreme Court After Acquittal of Murder and Conviction for Manslaughter
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manslaughter' 'special Circumstances Under S.5(2) of the Sentencing Act 1989' 'manifestly Excessive Sentence' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['manslaughter' 'special Circumstances Under S.5(2) of the Sentencing Act 1989' 'manifestly Excessive Sentence' 'leave to Appeal Against Sentence']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Sentence Imposed in the Supreme Court After Acquittal of Murder and Conviction for Manslaughter

Legal Issues

  1. 1 ['Whether the sentencing judge erred by declining or failing to find special circumstances pursuant to s.5(2) of the Sentencing Act 1989.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

No appellable error was shown. The two-year additional term was one-third of the six-year minimum term, strongly suggesting that the sentencing judge had considered s.5(2) of the Sentencing Act 1989 and deliberately imposed the maximum additional term available in the absence of special circumstances. The matters relied on by the applicant had been adverted to by the sentencing judge, but he was not obliged to find them special circumstances requiring a greater additional term; the two-year additional term was adequate to facilitate rehabilitation and assistance on release. The overall sentence of eight years was within the proper exercise of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']