NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Watts v R [2010] NSWCCA 315
HEARING DATE(S): 3 November 2010
JUDGMENT DATE: 16 December 2010
JUDGMENT OF: McClellan CJatCL at 1; Schmidt J at 36; Howie AJ at 1
DECISION: (a) application for leave to appeal is granted and the appeal allowed; (b) the sentence imposed in the District Court is quashed and in lieu the applicant is sentenced to a term of imprisonment consisting of a non-parole period of 4 years 1 month and a balance of term of 1 year 5 months. The sentence is to date from 21 August 2008.
CATCHWORDS: CRIMINAL LAW - whether the sentencing judge erred in assessment of the seriousness of the offence - whether the effect of the offender's mental condition was properly taken into account - whether sentence was manifestly excessive - failure by sentencing judge to take into account in an appropriate manner the psychiatric evidence of the offender - offender re-sentenced
Crimes Act (NSW) 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Mental Health Act
CATEGORY: Principal judgment
DPP (Cth) v De La Rosa [2010] NSWCCA 194 Georgopolous v R [2010] NSWCCA 246 CASES CITED : Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Okeke v R [2010] NSWCCA 266 R v Hemsley [2004] NSWCCA 228 Sivell v R [2009] NSWCCA 286
PARTIES: David Michael Watts (applicant) The Crown
FILE NUMBER(S): CCA 2008/11324
COUNSEL: J Manuell SC (applicant) J Pickering (Crown)
SOLICITORS: Legal Aid Commission of New South Wales (applicant) Director of Public Prosecutions (Crown)
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