R v WILSON [2005] NSWCCA 112

Reported Decision : 153 A Crim R 257

New South Wales Court of Criminal Appeal

CITATION: R v WILSON [2005] NSWCCA 112

HEARING DATE(S): 02/11/2004

JUDGMENT DATE: 29 April 2005

JUDGMENT OF: Bryson JA at 1; Studdert J at 40; Adams J at 53

DECISION: Appeal allowed. Set aside the sentence imposed by Simpson J. Sentence the respondent to a term of imprisonment of fifteen years to date from 22 October 1999 and to expire on 21 October 2014. Set non-parole period of eleven years to commence on 22 October 1999 and to expire on 21 October 2010. Specify 21 October 2010 as the first date upon which the respondent is to become eligible for release upon parole.

CATCHWORDS: CRIMINAL LAW – sentence – murder – intention to inflict grievous bodily harm – offender aged 18 years killed taxi driver with knife in confrontation over payment of fare – Crown appealed against sentence 12 years, non-parole 8 years – appeal allowed and sentenced to 15 years, non-parole 11 years. - CRIMINAL LAW – appeal- division of opinion in CCA – Bryson JA (most severe sentence) supported Studdert J (intermediate opinion) in order to achieve decision.

Crimes Act 1900 Criminal Appeal Act 1912 (NSW) LEGISLATION CITED: Judiciary Act 1903 (Cth) Mental Health (Criminal Procedure) Act 1990 Supreme Court Act 1970 (NSW)

Arbest Pty Ltd & Ors v. State of New South Wales [No.2] (unreported, NSWCA, 2 February 1996) Elliott & Hitchins v R (1983) 9 A Crim R 238 Gilmore v. R (1979) 1 A Crim R 416 Henderson v. R (unreported, NSWCCA, 18 December 1975, L.W. Street CJ) R v. CJP [2004] NSWCCA 188 R v Fleige (unreported, NSWCCA, 19 November 1982 ) R v Holder [1983] 3 NSWLR 245 R v. Houlton [2000] NSWCCA 183 R v. Huynh [2001] NSWCCA 269 CASES CITED: R v Kalache (2000) 111 A Crim R 152 R v. Merritt [2000] NSWCCA 365 R v. Mills (unreported, NSWCCA 3 April 1995) R v. M M [2002] NSWCCA 431 R v. Phung [2001] NSWSC 115 R v. Simpson (2001) 53 NSWLR 704 R v. Thomson (2000) 49 NSWLR 383 Rohde v Director of Public Prosecutions (1986) 161 CLR 119 Tasmania v. Victoria (1935) 52 CLR 157 Woolworths Ltd v. Kelly (1990) 22 NSWLR 189