R v Williams [2014] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Williams [2014] NSWCCA 200 Hearing dates: 19.09.2014 Decision date: 01 October 2014 Before: Hoeben CJ at CL at [1] Fullerton J at [50] Adamson J at [51] Decision: (1) Appeal allowed. (2) The sentence imposed by Judge Wilson SC on 14 May 2014 in quashed. (3) In lieu thereof, the respondent is sentenced to imprisonment with a non-parole period of 1 year and 9 months, commencing 14 May 2014 and expiring 13 February 2016, with a balance of term of 11 months expiring 13 January 2017. Catchwords: CRIMINAL LAW - sentence appeal - causing death by dangerous driving - Crown appeal - respondent engaged in street racing - excessive speed - innocent driver killed - applicability of guideline judgment in R v Whyte [2002] NSWCCA 343 - findings of high level of moral culpability and significant objective seriousness - importance of general deterrence - effect of respondent's subjective case - application of residual discretion - appeal allowed and sentence increased. Legislation Cited: Crimes Act 1900 - s52A(1) Crimes (Appeal and Review) Act 2001 - s68A(1) Criminal Appeal Act 1912 - s5D Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 at [1] R v Nguyen [2008] NSWCCA 13 R v O'Connor [2014] NSWCCA 53 R v Reeves [2014] NSWCCA 154 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 Regina v Paul Musumeci (Court of Criminal Appeal, unreported, 30 October 1997 Category: Principal judgment Parties: Regina - Appellant Crown Kurt Riley Williams - Respondent Representation: Counsel: Mr N Adams - Appellant Crown Mr T Gartelmann - Respondent Solicitors: S Kavanagh - Solicitor for Public Prosecutions - Appellant Crown SE O'Connor - Legal Aid NSW - Respondent File Number(s): 2012/369554 Decision under appeal Date of Decision: 2014-05-14 00:00:00 Before: Wilson DCJ File Number(s): 2012/369554