Widders v Regina [2007] NSWCCA 96

Widders v Regina [2007] NSWCCA 96

The fixed terms imposed for counts 1 and 2 were manifestly excessive because they were disproportionate to the maximum penalties, and those sentences were therefore quashed and replaced with shorter fixed terms. However, the sentencing judge made no error in applying totality, was entitled not to find special circumstances based on rehabilitation, and the effective overall sentence of 6 years imprisonment with a non-parole period of 4 years and 6 months was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
12 April 2007
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed as to counts 1 and 2; sentences on counts 1 and 2 quashed and substituted; sentence on count 3 confirmed; effective overall sentence unchanged.
Legal Topics
['manifest Excess' 'totality' 'multiple Counts' 'special Circumstances' 'non Parole Period' 'fixed Term Sentences' 'violent Offences']
['criminal Law' 'sentencing'] ['manifest Excess' 'totality' 'multiple Counts' 'special Circumstances' 'non Parole Period' 'fixed Term Sentences' 'violent Offences']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the fixed terms imposed for count 1, malicious wounding, and count 2, assault occasioning actual bodily harm, were manifestly excessive by reference to the maximum penalties.' 'Whether the sentencing judge erred in applying principles of totality when sentencing for multiple counts.' 'Whether the sentencing judge erred in limiting special circumstances to maintaining the seventy-five percent ratio between the total non-parole period and effective head sentence.' 'Whether the overall sentence, particularly the effective non-parole period, was manifestly excessive.']

Ratio Decidendi

The fixed terms imposed for counts 1 and 2 were manifestly excessive because they were disproportionate to the maximum penalties, and those sentences were therefore quashed and replaced with shorter fixed terms. However, the sentencing judge made no error in applying totality, was entitled not to find special circumstances based on rehabilitation, and the effective overall sentence of 6 years imprisonment with a non-parole period of 4 years and 6 months was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal allowed as to counts 1 and 2; sentences on counts 1 and 2 quashed and substituted; sentence on count 3 confirmed; effective overall sentence unchanged.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal as to counts 1 and 2.' 'Quash the sentence as to count 1 and in lieu thereof sentence the applicant to imprisonment for a fixed term of 2 years and 6 months to commence on 28 January 2006 and expire on 27 July 2008.' 'Quash the sentence in respect of count 2 and in lieu...