Regina v Ferguson & Williams [1999] NSWCCA 214

Regina v Ferguson & Williams [1999] NSWCCA 214

While the sentences were regarded as low in view of the gravity and savagery of the attack, they fell within the permissible range considering the provocation, subjective features, and the circumstances of the offenders. Therefore, the Court of Criminal Appeal was not persuaded to intervene.

Parties
Appellant: Regina; Respondent: Marcus Charles Ferguson; Respondent: Steven Williams
Jurisdiction
Australia
Judgment Date
27 May 1999
Procedural Posture
Criminal / Crown Sentencing Appeal
Outcome
Crown appeals dismissed
Legal Topics
Sentencing, Crown Appeals, Grievous Bodily Harm, Provocation, Aboriginal Offenders
Criminal Law Sentencing Crown Appeals Grievous Bodily Harm Provocation Aboriginal Offenders

Case Brief

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Parties

Regina

Appellant

Marcus Charles Ferguson

Respondent

Steven Williams

Respondent

Procedural Posture

Criminal / Crown Sentencing Appeal

Legal Issues

  1. 1 Whether the sentences imposed on Marcus Charles Ferguson and Steven Williams for inflicting grievous bodily harm with intent were manifestly inadequate such as to warrant intervention by the Court of Criminal Appeal

Ratio Decidendi

While the sentences were regarded as low in view of the gravity and savagery of the attack, they fell within the permissible range considering the provocation, subjective features, and the circumstances of the offenders. Therefore, the Court of Criminal Appeal was not persuaded to intervene.

Court Disposition

Crown appeals dismissed

Orders

  • The appeals are dismissed.