Wardell v R [2025] NSWCCA 26

Wardell v R [2025] NSWCCA 26

The trial judge's tendency directions did not cause a miscarriage of justice in light of the summing up and careful directions as to standard of proof; no error in specifying indicative sentences or in treating age and life expectancy as part of aggregate sentence determination; appeals against conviction and sentence dismissed.

Parties
Applicant: Paul Anthony Wardell; Respondent: Rex
Jurisdiction
Australia
Judgment Date
03 March 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal (conviction and Sentence)
Outcome
Leave granted to appeal out of time, leave granted to appeal against conviction and sentence, appeals dismissed.
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Jury Directions, Tendency Evidence, Standard of Proof, Aggregate Sentencing, Indicative Sentences, Sentencing of Elderly Offenders, Miscarriage of Justice
Criminal Law Evidence Sentencing Appeal Against Conviction Appeal Against Sentence Jury Directions Tendency Evidence Standard of Proof +4 more

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Parties

Paul Anthony Wardell

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal (conviction and Sentence)

Legal Issues

  1. 1 Whether trial judge's tendency directions caused a miscarriage of justice under s 6(1) Criminal Appeal Act
  2. 2 Whether trial judge erred in directions regarding tendency reasoning per DPP v Benjamin Roder [2024] HCA 15
  3. 3 Whether sentencing judge erred in nominating indicative prison sentences for offences below s 5 threshold

Ratio Decidendi

The trial judge's tendency directions did not cause a miscarriage of justice in light of the summing up and careful directions as to standard of proof; no error in specifying indicative sentences or in treating age and life expectancy as part of aggregate sentence determination; appeals against conviction and sentence dismissed.

Court Disposition

Leave granted to appeal out of time, leave granted to appeal against conviction and sentence, appeals dismissed.

Orders

  • Grant the applicant leave to make the application for leave to appeal out of time, pursuant to r 3.5(5) of the Supreme Court (Criminal Appeal) Rules.
  • Grant the applicant leave to appeal against conviction.