WILLIAMS v. REGINA; SAUNDERS v. REGINA [2006] NSWCCA 33

New South Wales Court of Criminal Appeal

CITATION: WILLIAMS v. REGINA; SAUNDERS v. REGINA [2006] NSWCCA 33 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Thursday 19 January 2006

JUDGMENT DATE: 23 February 2006

JUDGMENT OF: Basten JA at 1; Howie J at 2; Hall J at 3

DECISION: Applicant Williams: (a) that the sentences imposed be set aside (b) that the applicant be re-sentenced by this court (c) that a finding of special circumstances should be made, having regard to his good prior character and rehabilitation prospects (d) that the sentence imposed should allow for the time Mr. Williams spent in custody from the date of his arrest on 4 January 2003 until the date of his release on bail on 19 February 2003 (e) the applicant be re-sentenced to a non-parole period of 18 months to commence on 30 August 2004 and to expire on 28 February 2006, on which date he is eligible to be released on parole. The balance of the term of sentence of 12 months, which will commence on 1 March 2006 will expire on 28 February 2007; Applicant Saunders: (a) grant leave to appeal (b) appeal dismissed.

CATCHWORDS: Criminal law - sentence - specially aggravated kidnapping - applicant's (Williams') offer to plead guilty - same sentence imposed on the applicant (Williams) and the co-offender - applicant (Williams) argued there should not have been a parity of sentences - whether sentence was manifestly excessive

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

Curry [2002] NSWCCA 109 Lowe (1984) 154 CLR 606 Johnson [2003] NSWCCA 129 CASES CITED: Oinonen [1999] NSWCCA 310 Pennisi [2001] NSWCCA 326 Cardoso [2003] NSWCCA 15 Kelly [2005] NSWCCA 280 Collett & Anor (CCA, unreported 7 June 1974)