R v Williams

[2025] NSWCCA 63

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Crown appeal against sentence
4. › Federal offences
5. › Mandatory minimum sentences
6. › Aggregate sentence less than mandatory minimum
7. › Whether sentence contrary to law
8. › Crimes Act 1914 (Cth), ss 16AAA, 16AAB, 16AAC
9. › Criminal Appeal Act 1912 (NSW), s 5D
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Child sexual exploitation offences committed remotely
5. › Mandatory minimum sentences
6. › Discount for guilty plea
7. › Whether discount exceeded statutory maximum
8. › Crimes Act 1914 (Cth), ss 16AAA, 16AAB, 16AAC
9. › Criminal Code (Cth), ss 272.11(1), 272.14(1), 272.15A(1)
1. Criminal Law
2. › Sentencing
3. › Resentence on Crown appeal
4. › Guilty plea as admission of elements of offence
5. › Whether plea of guilty to one offence constitutes admission of fact applicable to another charge
6. › Effect of Director's concession that prosecution could not prove victims were children
7. › Crimes Act 1914 (Cth), s 16BA
1. Criminal Law
2. › Sentencing
3. › Subjective factors
4. › Advanced age and health of offender
5. › Onerousness of custody
6. › Equal justice
7. › Setting non-parole period where mandatory minimum floor operates
8. › Crimes Act 1914 (Cth), ss 16A, 19

Quick Take

Where a mandatory minimum sentence applies under s 16AAA of the Crimes Act 1914 (Cth), an aggregate sentence that falls below 50 percent of that minimum is contrary to law, and where only a guilty plea discount (not co-operation) applies under s 16AAC, the sentence cannot fall below 75 percent of the mandatory minimum.