Powell v R [2014] NSWCCA 69

Powell v R [2014] NSWCCA 69

The sentence imposed for count three was manifestly excessive given it was the most severe of 19 sentences for similar offences since 2006, and that, although serious, circumstances such as the single shot, uncertainty as to planning, and the particular facts did not justify so high a penalty; a lesser sentence was warranted in law.

Parties
Applicant: Kiall Stephen Powell; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in relation to count three; sentence quashed and substituted with new sentence.
Legal Topics
Appeal Against Sentence, Firing Firearm at Dwelling, Manifestly Excessive Sentence, Objective Seriousness
Criminal Law Appeal Against Sentence Firing Firearm at Dwelling Manifestly Excessive Sentence Objective Seriousness

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Parties

Kiall Stephen Powell

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentence for firing a firearm at a dwelling house with reckless disregard for safety was manifestly excessive given objective seriousness

Ratio Decidendi

The sentence imposed for count three was manifestly excessive given it was the most severe of 19 sentences for similar offences since 2006, and that, although serious, circumstances such as the single shot, uncertainty as to planning, and the particular facts did not justify so high a penalty; a lesser sentence was warranted in law.

Court Disposition

Appeal allowed in relation to count three; sentence quashed and substituted with new sentence.

Orders

  • Leave to appeal granted regarding count three.
  • Appeal allowed regarding count three.