Willmott v R [2013] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Willmott v R [2013] NSWCCA 244 Hearing dates: 16 August 2013 Decision date: 05 November 2013 Before: Basten JA at [1]; Adams J at [32]; Latham J at [33] Decision: (1) Grant leave to appeal against sentence. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - sentencing - murder - applicant sentenced to minimum term of 21 years imprisonment with a balance of term of seven years - whether starting point prior to discount for plea of guilty was manifestly excessive - whether sufficient weight given to findings of remorse, no premeditation and significant degree of provocation - sentence not outside appropriate range

CRIMINAL LAW - appeal - sentencing -limited use of statistics without circumstances of cases - similar cases used to establish sentence outside appropriate range - applicant distinguished by record of violent assault, extraordinary degree of violence in committing offence - sentence not manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21, 21A, 54D, 61 Cases Cited: Hili v The Queen [2010] HCA 45; 242 CLR 520 R v Merritt [2004] NSWCCA 19; 59 NSWLR 587 Regina v Cotterill [2012] NSWSC 89 Regina v Gabor Ziha [2008] NSWSC 145 Regina v Reid [2005] NSWSC 230 Regina v Robinson [2007] NSWSC 460 Category: Principal judgment Parties: Kelvin Robert Willmott (Applicant) Regina (Respondent) Representation: Counsel: