NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v WITCHARD [2007] NSWCCA 167
HEARING DATE(S): 16 April 2007
JUDGMENT DATE: 19 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 42; Rothman J at 43
DECISION: 1. Crown appeal allowed; 2. Sentences in relation to counts 1 and 2 quashed; 3. In relation to count 1 the respondent is sentenced to a fixed term of 18 months to date from 31 May 2006; 4. In relation to count 2 the respondent is sentenced to a non-parole period of 2 years commencing on 31 May 2007 and expiring on 30 May 2009 with a further term of 2 years expiring on 30 May 2011; 5. Otherwise the appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - respondent of aboriginal origin - robbery in company - assault with intent to rob - victims waiting at railway station - principles governing Crown appeals - sentencing of multiple offences - whether Fernando principles relevant - whether failure to consider Henry guideline - approach in relation to offences with a standard non-parole period.
LEGISLATION CITED: Criminal Appeal Act 1912 Crimes Act 1900
Dinsdale v The Queen (2000) 202 CLR 321 Everett v The Queen (1994) 181 CLR 295 Pearce v The Queen (1998) 194 CLR 610 R v Baker [2000] NSWCCA 85 CASES CITED: R v Fernando [2002] NSWCCA 28 R v Henry (1999) 46 NSWLR 346 R v Jerrard (1991) 56 A Crim R 297 R v Vranic (NSWCCA, 7 May 1991, unreported) R v Wall [2002] NSWCCA 42 R v Way (2004) 60 NSWLR 168
PARTIES: The Crown (Appl) Kevin Allan Witchard (Resp)
FILE NUMBER(S): CCA 2007/357
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