WATERS v REGINA [2007] NSWCCA 219

WATERS v REGINA [2007] NSWCCA 219

The head sentence for breaking and entering and committing a serious indictable offence, before plea discount, was manifestly excessive given the facts and the applicant’s subjective circumstances; intoxication and the applicant’s background warranted a lower starting point; appeal against sentence allowed.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Sentence Appeal
Outcome
Leave to appeal against sentence granted; appeal against sentence allowed in part
Legal Topics
['sentencing' 'intoxication' 'aboriginal Offenders']
['criminal Law'] ['sentencing' 'intoxication' 'aboriginal Offenders']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence for breaking and entering and committing a serious indictable offence was manifestly excessive' 'Consideration of intoxication and Aboriginal background in sentencing']

Ratio Decidendi

The head sentence for breaking and entering and committing a serious indictable offence, before plea discount, was manifestly excessive given the facts and the applicant’s subjective circumstances; intoxication and the applicant’s background warranted a lower starting point; appeal against sentence allowed.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence allowed in part

Orders

  • ['Leave to appeal against sentence granted' 'Appeal against sentence allowed' 'Sentence for offence of breaking and entering and committing a serious indictable offence quashed' 'Set a non-parole period of two years commencing on 20 December 2005 and expiring on 19 December 2007; balance of one year four months...