Wilson v R [2015] NSWCCA 128

Wilson v R [2015] NSWCCA 128

The interests of justice required an extension of time because Muldrock error was conceded and the delay was not attributable to fault by the applicant. On re-exercising the sentencing discretion, the applicant's strong subjective case, profound childhood deprivation, Aboriginal background, positive post-sentence rehabilitation and reduced significance of personal deterrence justified a lesser sentence, despite the substantial objective seriousness of the close-range shooting during a planned armed robbery and the continuing importance of general deterrence and denunciation.

Jurisdiction
Australia
Judgment Date
01 June 2015
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Re Sentencing After Conceded Muldrock Error
Outcome
Extension of time granted; leave to appeal against sentence granted; appeal allowed; original sentence quashed; applicant re-sentenced to a lesser sentence.
Legal Topics
['murder' 'sentence Appeal' 'extension of Time' 'standard Non Parole Period' 'muldrock Error' 're Exercise of Sentencing Discretion' 'aboriginal Background and Childhood Deprivation' 'rehabilitation' 'parity']
['criminal Law' 'sentencing'] ['murder' 'sentence Appeal' 'extension of Time' 'standard Non Parole Period' 'muldrock Error' 're Exercise of Sentencing Discretion' 'aboriginal Background and Childhood Deprivation' 'rehabilitation' 'parity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Re Sentencing After Conceded Muldrock Error

Legal Issues

  1. 1 ['Whether an extension of time should be granted to apply for leave to appeal against sentence.' 'Whether the sentencing judge erred in the approach to the standard non-parole period legislation in light of Muldrock v The Queen [2011] HCA 39; 244 CLR 120.' 'Whether, on re-exercise of the sentencing discretion and taking into account post-sentence events, a lesser sentence was warranted in law.']

Ratio Decidendi

The interests of justice required an extension of time because Muldrock error was conceded and the delay was not attributable to fault by the applicant. On re-exercising the sentencing discretion, the applicant's strong subjective case, profound childhood deprivation, Aboriginal background, positive post-sentence rehabilitation and reduced significance of personal deterrence justified a lesser sentence, despite the substantial objective seriousness of the close-range shooting during a planned armed robbery and the continuing importance of general deterrence and denunciation.

Court Disposition

Extension of time granted; leave to appeal against sentence granted; appeal allowed; original sentence quashed; applicant re-sentenced to a lesser sentence.

Orders

  • ['An extension of time within which to apply for leave to appeal against sentence is granted.' 'Leave to appeal against sentence is granted and the appeal is allowed.' 'The sentence imposed by Howie J on 4 April 2008 is quashed and in lieu thereof the applicant is sentenced to imprisonment with a non-parole period...