R v Wood [2014] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Wood [2014] NSWCCA 184 Hearing dates: 16/06/2014, 16/07/2014 and 18/07/2014 (supplementary written submissions) Decision date: 19 September 2014 Jurisdiction: Criminal Before: Price J Garling J Bellew J Decision: (a) Leave granted to the respondent to appeal; (b) respondent's appeal dismissed; (c) Crown appeal allowed; (d) Sentence imposed in the District Court of New South Wales on 22 November 2013 is quashed; (e) In lieu thereof, sentence the respondent to imprisonment for 11 years 4 months consisting of a non-parole period of 8 years commencing on 10 November 2011, and expiring on 9 November 2019 with a balance of term of 3 years 4 months commencing on 10 November 2019 and expiring on 9 March 2023. (f) The earliest date that the respondent will be eligible for release on parole is 9 November 2019. Catchwords: CRIMINAL LAW - appeal - sentence - Crown appeal - respondent appeal - manslaughter - guilty plea - head sentence 6 years 8 months - non-parole period of 5 years

CRIMINAL LAW - appeal - sentence - Crown appeal - whether the sentencing Judge erred in his treatment of the sentencing statistics for manslaughter - sentencing Judge had 'particular regard' to sentencing statistics - sentencing Judge stated he was constrained to provide a sentence as guided by overall pattern of current sentencing - error demonstrated - sentencing discretion neither constrained nor guided by overall patter from statistical material for manslaughter