Regina v Williams [2005] NSWCCA 14

New South Wales Court of Criminal Appeal

CITATION: Regina v Williams [2005] NSWCCA 14

HEARING DATE(S): 18/11/2004

JUDGMENT DATE: 9 February 2005

JUDGMENT OF: Sully J at 1; Hidden J at 2; Howie J at 3

DECISION: Leave to appeal is granted but the appeal is dismissed.

CATCHWORDS: Criminal Law - Sentencing - Judge found that the offender was not suffering mental illness despite psychiatric report - whether finding open - whether sentence excessive in any event - Despite error no lesser sentence warranted.

Crimes Act 1900 - s 35 LEGISLATION CITED: Criminal Appeal Act 1912 - s 6(3)

PARTIES: Regina v Luke Sheridan Williams

FILE NUMBER(S): CCA 2004/2250

B. Knox SC - Crown COUNSEL: P. Winch - Applicant

S. Kavanagh - Crown SOLICITORS: S. O'Connor - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/51/0197; 02/51/0144

LOWER COURT JUDICIAL OFFICER: Phelan DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2250 CCAP

SULLY J HIDDEN J HOWIE J

WEDNESDAY 9 FEBRUARY 2005 REGINA v LUKE SHERIDAN WILLIAMS Judgment 1 SULLY J: I agree with Howie J. 2 HIDDEN J: I agree with Howie J. 3 HOWIE J: This an application for leave to appeal against a sentence imposed in the District Court by Judge Phelan (the Judge) for an offence of maliciously inflict grievous bodily harm contrary to s 35 of the Crimes Act. This is an offence for which a maximum penalty of 7 years imprisonment is prescribed. The applicant pleaded guilty to that charge when arraigned on an indictment for an offence of maliciously inflict grievous bodily harm with intent to inflict grievous bodily harm and the Crown accepted the plea to the lesser offence in full satisfaction of the indictment. The Judge sentenced the applicant to an overall sentence of 3 years imprisonment made up of a non-parole period of 18 months imprisonment with a balance of the sentence of 18 months. 4 There were two grounds of appeal filed as follows: