NSW Caselaw
Reported Decision: 172 A Crim R 505
New South Wales Court of Criminal Appeal
CITATION: R v Wilson-Winship [2007] NSWCCA 163
HEARING DATE(S): 24/04/07
JUDGMENT DATE: 27 July 2007
JUDGMENT OF: James J at 1; Rothman J at 2; Harrison J at 67
1. Appeal by the Crown against the sentence imposed by his Honour Judge Williams on 15 December 2006 be granted.
DECISION: 2. The sentence imposed by his Honour Judge Williams on Justin Wilson-Winship for robbery armed with an offensive weapon committed on 29 September 2005 be quashed.
3. The aforesaid Justin Wilson-Winship, for that offence, be sentenced to a non-parole period of 3 years' imprisonment commencing on 26 February 2006 and expiring on 25 February 2009 and a remainder of sentence of 3 years to expire on 25 February 2012.
CATCHWORDS: CRIMINAL LAW – APPEAL – Crown Appeal – armed robbery of bank – non-applicability of R v Henry guideline – double counting of discount on plea of guilty – manifest inadequacy.
LEGISLATION CITED: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW)
Dinsdale v The Queen (2000) 202 CLR 321 R v AA [2006] NSWCCA 55. R v Abboud [2005] NSWCCA 251 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v O'Donoghue (1988) 34 A Crim R 397 R v Prasad (2004) 147 A Crim R 385 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Wall [2002] NSWCCA 42 Veen v R (No. 2) (1988) 164 CLR 465
PARTIES: Regina (Applicant) Justin Wilson-Winship (Respondent)
FILE NUMBER(S): CCA 2007/321
COUNSEL: J. Dwyer (Crown) C. Craigie SC (Respondent)
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