Regina v Williams [2000] NSWCCA 136

New South Wales Court of Criminal Appeal

CITATION : Regina v Williams [2000] NSWCCA 136 FILE NUMBER(S) : CCA 60166/99 HEARING DATE(S) : 14/04/2000 JUDGMENT DATE : 14 April 2000

PARTIES : Regina v Stephen Michael Williams JUDGMENT OF : Priestley JA at 31; Foster AJA at 1-29; Smart AJ at 30

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70055/96 LOWER COURT JUDICIAL Adams J OFFICER :

COUNSEL : S R Norish QC for the Appellant C K Maxwell QC for the Crown SOLICITORS : T A Murphy for the Appellant S E O'Connor for the Crown CATCHWORDS : Appeal against declining to find "special circumstances" and a manifestly excessive sentence. LEGISLATION CITED : s, 5(2) of the Sentencing Act 1989 CASES CITED: Regina v Brindley (1993) 66 ACR 204 at 207 Regina v Phelan (1993) 66 ACR 446 at 449 DECISION : Leave to appeal be granted.; The appeal be dismissed.

IN THE COURT OF CRIMINAL APPEAL

60166/99

PRIESTLEY JA FOSTER AJA SMART AJ

FRIDAY 14 APRIL 2000

REGINA v STEPHEN MICHAEL WILLIAMS

JUDGMENT

1 FOSTER AJA: This is an application for leave to appeal against the sentence imposed upon the applicant by Adams J in the Supreme Court on 30 November 1998. The applicant had been charged with murder but was on 14 October 1998 acquitted of that charge but found guilty of manslaughter by Adams J, who heard the trial without a jury (s.33 Criminal Procedure Act, 1956). His Honour sentenced the applicant to a term of eight years penal servitude, comprising a minimum term of six years, to commence on 13 September 1998 and expire on 13 September 2001, together with an additional term of two years commencing on that day and expiring on 13 September 2003. 2 The grounds of appeal are: 1. The judge erred in declining to find special circumstances pursuant to s.5 sub-s.2 of the Sentencing Act, 1989;