Regina v William John Walters [2001] NSWSC 786

Regina v William John Walters [2001] NSWSC 786

The structuring of the sentences was amended to specifically comply with s 19AB(1)(d) of the Commonwealth Crimes Act 1914 by formally setting a non-parole period of six years in respect of all sentences imposed.

Parties
Prosecution: Regina; Defendant: William John Walters
Jurisdiction
Australia
Judgment Date
23 August 2001
Procedural Posture
Criminal / Application to Correct Sentence Structuring
Outcome
Application allowed; amendments to sentence structuring granted.
Legal Topics
Sentencing, Non Parole Periods
Criminal Law Sentencing Non Parole Periods

Case Brief

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Parties

Regina

Prosecution

William John Walters

Defendant

Procedural Posture

Criminal / Application to Correct Sentence Structuring

Legal Issues

  1. 1 Whether the structuring of sentences complied with s 19AB(1)(d) of the Commonwealth Crimes Act 1914 by fixing a single non-parole period

Ratio Decidendi

The structuring of the sentences was amended to specifically comply with s 19AB(1)(d) of the Commonwealth Crimes Act 1914 by formally setting a non-parole period of six years in respect of all sentences imposed.

Court Disposition

Application allowed; amendments to sentence structuring granted.

Orders

  • Wherever the words 'a fixed term' appear in paragraph 64 of the Remarks on Sentence, they are deleted and replaced with 'a sentence'.
  • Paragraph 64 is amended to include: 'In order to give effect to the foregoing structure of sentences in a fashion that complies with s 19AB(1)(d) of the Commonwealth Crimes Act, I set formally a non-parole period of six years in connection with all of the sentences variously imposed in connection with the ten counts...