Williams v R [2011] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v R [2011] NSWCCA 244 Hearing dates: 26/10/11 Decision date: 17 November 2011 Before: Beazley JA at [1] James J at [2] Fullerton J at [93] Decision: Leave to appeal against sentences imposed by Judge Knox on 9 September 2010 granted. Appeal against sentence allowed. Sentences imposed on 9 September 2010 quashed. In lieu thereof, sentence the applicant:- 1. For the offence of armed robbery to a non-parole period of two years five months commencing on 1 September 2008 and expiring on 31 January 2011 and a balance of the term of two years five months commencing on 1 February 2011 and expiring on 30 June 2013. 2. For the offence of robbery in company to a non-parole period of three years four months commencing on 1 March 2009 and expiring on 30 June 2012 and a balance of the term of two years eight months commencing on 1 July 2012 and expiring on 28 February 2015. 3. For the offence of escaping to a fixed term of imprisonment of six months commencing on 1 July 2012 and expiring on 31 December 2012. The earliest date on which the applicant will be eligible for release on parole will be 31 December 2012. Catchwords: CRIMINAL LAW - sentencing - Criminal Case Conferencing Trial Act - parity between co-offenders Legislation Cited: Crimes (Sentencing Procedure) Act Crimes Act Criminal Case Conferencing Trial Act 2008 Cases Cited: Do v R [2010] NSWCCA 182 Greer v R [2011] NSWCCA 40 Kim Chompeay v R [2011] NSWCCA 96 LJ v R [2010] NSWCCA 289 Postiglione v The Queen (1995-1996) 189 CLR 295 R v Fernando (1992) 76 A Crim R 58 R v Henry (1999) 46 NSWLR 346 R v Murchie (1999) 108 A Crim R 482 Sutton v R [2004] NSWCCA 225 Tran v R [2010] NSWCCA 183 Veen v The Queen (No 2) (1987-1988) 164 CLR 465 Category: Principal judgment Parties: Williams, Jay - Applicant Regina - Crown Representation: H Cox - Applicant J Pickering - Crown Aboriginal Legal Service - Applicant S. Kavanagh - Solicitor for Public Prosecutions File Number(s): 2009/45875004, 2009/52103003, 2009/58392006 Decision under appeal Before: Judge Knox File Number(s): 2009/45875