Regina v Wendy Olive LAWRENCE [2005] NSWCCA 91

New South Wales Court of Criminal Appeal

CITATION: Regina v Wendy Olive LAWRENCE [2005] NSWCCA 91

HEARING DATE(S): 11 March 2005

JUDGMENT DATE: 11 March 2005

JUDGMENT OF: Spigelman CJ at 1, 45; Grove J at 43; Bell J at 44

DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - Appeal against sentence - Guilty plea - Whether sentencing judge erred by failing to take guilty plea into account - Remarks on sentencing did not explicitly refer to fact that guilty plea taken into account - Sentencing judge's long experience and structure and length of the sentence are sufficient in this case to indicate that guilty plea was given appropriate weight - CRIMINAL LAW - Appeal against sentence - Subjective circumstances - Psychological condition - Violent upbringing - Aboriginality - Drug addiction - Whether general deterrence should have less weight in sentencing - Whether Antisocial Personality Disorder justifies less weight to be given to general deterrence - Whether PolySubstance Dependence justifies less weight to be given to general deterrence - Relevance of DSM(IV) categorisation - CRIMINAL LAW - Appeal against sentence - Whether miscarriage of sentencing procedures - Sentences for distinct convictions ended at same time - One sentence reduced on appeal - Whether sentencing judge intended that release dates should coincide - Undesirability of no additional penalty for entirely unrelated offence - Whether Court should exercise discretion to intervene and reinstate sentencing judges original intention - CRIMINAL LAW - Whether sentence excessive - Offence of significant gravity - Offender's criminal history - No basis for finding offender unlikely to re-offend - Sentence not excessive

Crimes Act 1900: s112(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999: s21A Criminal Appeal Act 1912: s6(3)