Willmott v R [2013] NSWCCA 244

Willmott v R [2013] NSWCCA 244

Despite favourable findings (no premeditation, provocation, genuine remorse), the combination of the applicant's prior violent record and the extraordinary degree of violence in the offence meant the sentence was within the appropriate range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
05 November 2013
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence – Judgment
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'murder' 'sentencing' 'manifest Excess' 'remorse' 'provocation' 'statistics in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'murder' 'sentencing' 'manifest Excess' 'remorse' 'provocation' 'statistics in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence – Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed for murder was manifestly excessive' 'Whether sufficient weight was given to findings of remorse, absence of premeditation, and significant provocation' 'Whether the starting point prior to discount for guilty plea was excessive']

Ratio Decidendi

Despite favourable findings (no premeditation, provocation, genuine remorse), the combination of the applicant's prior violent record and the extraordinary degree of violence in the offence meant the sentence was within the appropriate range and not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']