R v Williams [2005] NSWCCA 48

New South Wales Court of Criminal Appeal

CITATION: R v Williams [2005] NSWCCA 48

HEARING DATE(S): 3 February 2005

JUDGMENT DATE: 25 February 2005

JUDGMENT OF: Studdert J at 1; Hulme J at 26

DECISION: Leave to appeal granted; appeal dismissed.

LEGISLATION CITED: Crimes Act, ss 86, 198

R v Fernando (1992) 76 A Crim R 58 R v Greene [2001] NSWCCA 258 CASES CITED: R v Henry (1999) 46 NSWLR 346 R v Letteri (unreported, NSWCCA, 18 March 1993)

PARTIES: Regina v Anthony Charles Williams

FILE NUMBER(S): CCA 2004/1754

Ms E. Wilkins (Crown) COUNSEL: Mr A. McAvoy (Applicant)

S. Kavanagh (Crown) SOLICITORS: Sydney Regional Aboriginal Corporation Legal Service (Applicant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/51/0137

LOWER COURT JUDICIAL OFFICER: Blackmore DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/1754

STUDDERT J HULME J

Friday 25 February 2005 REGINA v ANTHONY CHARLES WILLIAMS Judgment 1 STUDDERT J: The applicant, Anthony Charles Williams, seeks leave to appeal against sentences imposed by his Honour Judge Blackmore SC on 9 May 2003. Previously, on 28 October 2002, the applicant had pleaded guilty to two counts in an indictment:

(i) the first count charged the offence of aggravated kidnapping;

(ii) the second count charged the offence of attempting to murder by burning;

(iii) and the third count charged the offence of malicious damage to property by fire with intent to endanger life. 2 The applicant pleaded guilty to the offences the subject of the first and the third counts, the third count being in the alternative to the second count. The Crown accepted the plea to the third count in full discharge of counts two and three. 3 The offence charged in the first count is in a category in respect of which s 86(2) of the Crimes Act imposes a maximum penalty of twenty years imprisonment. The third count is in a category for which s 198 of the Crimes Act imposes a maximum penalty of twenty-five years imprisonment. 4 The court was also asked to take into account three serious offences on a Form 1: