Woodward v R [2014] NSWCCA 205
The sentencing judge erred by failing to mention or take into account the applicant's early plea of guilty, failing to transparently recognise and apply the requisite sentencing discount, and imposing a manifestly excessive sentence in view of the guideline judgments and the circumstances of the case.
Source-derived case information.
- Parties
- Applicant: Tony William Woodward; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 03 October 2014
- Procedural Posture
- Criminal Law Sentence Appeal / Leave to Appeal and Resentencing
- Outcome
- Appeal allowed; applicant resentenced
- Legal Topics
- Sentencing, Plea of Guilty, Dangerous Driving Causing Death, Manifestly Excessive Sentence, Guideline Judgments, Special Circumstances
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Summary, issues, holding and outcome
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Parties
Tony William Woodward
Applicant
Crown
Respondent
Procedural Posture
Criminal Law Sentence Appeal / Leave to Appeal and Resentencing
Legal Issues
- 1 Whether sentencing judge failed to take account of early plea of guilty
- 2 Whether sentencing judge erred in failing to find special circumstances
- 3 Whether sentence imposed was manifestly excessive
Ratio Decidendi
The sentencing judge erred by failing to mention or take into account the applicant's early plea of guilty, failing to transparently recognise and apply the requisite sentencing discount, and imposing a manifestly excessive sentence in view of the guideline judgments and the circumstances of the case.
Court Disposition
Appeal allowed; applicant resentenced
Orders
- Application for leave to appeal granted.
- Appeal upheld.
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