Wootton v R [2014] NSWCCA 86

Wootton v R [2014] NSWCCA 86

The applicant did not demonstrate that the sentencing judge imposed a heavier sentence than justified by any prevailing sentencing pattern because of an unsupported finding of increasing gun crime, or that the impugned remarks materially affected the sentence. Read fairly and as a whole, the sentencing reasons treated general deterrence as one relevant consideration and did not use rising prevalence of gun crime or risk to police as a determinative or aggravating factor. Even if error had been shown, no lesser sentence was warranted given the serious, planned home invasion involving loaded firearms, actual discharge of weapons, gunshot wounds to the victim, the presence of the victim's...

Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['procedural Fairness' 'natural Justice' 'general Deterrence' 'prevalence of Gun Crime' 'specially Aggravated Break and Enter' 'firearms' 'appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['procedural Fairness' 'natural Justice' 'general Deterrence' 'prevalence of Gun Crime' 'specially Aggravated Break and Enter' 'firearms' 'appeal Against Sentence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge denied procedural fairness by finding that gun crimes are on the increase without giving the applicant an opportunity to make submissions.' "Whether there was evidence to support the sentencing judge's statement that gun crimes are on the increase." 'Whether the sentencing judge erred by giving more weight to general deterrence because of a finding of increased prevalence of gun crime.' 'Whether the sentencing judge relied on an unsupported and irrelevant consideration by stating that police lives are put at significant risk in such circumstances.']

Ratio Decidendi

The applicant did not demonstrate that the sentencing judge imposed a heavier sentence than justified by any prevailing sentencing pattern because of an unsupported finding of increasing gun crime, or that the impugned remarks materially affected the sentence. Read fairly and as a whole, the sentencing reasons treated general deterrence as one relevant consideration and did not use rising prevalence of gun crime or risk to police as a determinative or aggravating factor. Even if error had been shown, no lesser sentence was warranted given the serious, planned home invasion involving loaded firearms, actual discharge of weapons, gunshot wounds to the victim, the presence of the victim's...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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