Walker v The Queen (No. 2)

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Walker v R (No. 2) [2016] NSWCCA 294
Hearing dates: On the papers
Date of orders: 12 December 2016
Decision date: 12 December 2016
Before: Hoeben CJ at CL; Hall & Davies JJ at [1]
Decision:
The Appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).

Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW)
Cases Cited: Walker v R [2016] NSWCCA 224
Category: Principal judgment
Parties: Daniel Alfred Walker (Appellant)
Crown (Respondent)
Representation:
Counsel:
J Pearson (Appellant)
B Baker (Respondent
Solicitors:
Legal Aid NSW (Appellant)
Solicitor for Public Prosecutions (Respondent)

File Number(s): 2013/240356
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Date of Decision:

24 July 2016

Before:

Williams DCJ

File Number(s):

2013/240356

Judgment OF THE COURT

The Court has received an Intensive Correction Order Assessment Report from which it appears Mr Walker’s personal and family circumstances are reasonably stable. He has been assessed at a medium risk of offending. His criminogenic needs are substance abuse / relapse prevention and mental health.
The report indicated that, despite the two lapses into drug use referred to at [53] of the principal judgment (Walker v R [2016] NSWCCA 224) he had stabilised significantly and had ceased drug use. He demonstrated a willingness to address his offending behaviour by way of accepting a referral to a mental health service provider.
The author of the report has assessed him as suitable for an Intensive Correction Order and notes that he has signed an undertaking to comply with all of the obligations of an Intensive Correction Order.
Accordingly, the Appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).

**********

CaseChat Overview and Summary

In this case, the appellant, Daniel Alfred Walker, appealed against his sentence imposed by the District Court of New South Wales. The nature of the dispute was the sentence imposed, specifically the length of the imprisonment term and the manner in which it was to be served. The appeal was heard by the Court of Criminal Appeal of the Supreme Court of New South Wales. The legal issues that the court was required to decide were whether the sentence imposed by the District Court was manifestly excessive and whether the appellant was suitable for an Intensive Correction Order.

The court considered the Intensive Correction Order Assessment Report which indicated that the appellant's personal and family circumstances were reasonably stable, and he had been assessed at a medium risk of offending. The report also noted that despite two lapses into drug use, the appellant had stabilised significantly and had ceased drug use. The author of the report assessed the appellant as suitable for an Intensive Correction Order and noted that he had signed an undertaking to comply with all of the obligations of an Intensive Correction Order. The court found that the sentence imposed by the District Court was not manifestly excessive and that the appellant was suitable for an Intensive Correction Order.

Accordingly, the Court of Criminal Appeal ordered that the appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Walker v R (No. 2) [2016] NSWCCA 294
Hearing dates:	On the papers
Date of orders:	12 December 2016
Decision date:	12 December 2016
Before:	Hoeben CJ at CL; Hall & Davies JJ at [1]
Decision:	The Appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).
Legislation Cited:	Crimes (Administration of Sentences) Regulation 2014 (NSW)
Cases Cited:	Walker v R [2016] NSWCCA 224
Category:	Principal judgment
Parties:	Daniel Alfred Walker (Appellant) Crown (Respondent)
Representation:	Counsel: J Pearson (Appellant) B Baker (Respondent Solicitors: Legal Aid NSW (Appellant) Solicitor for Public Prosecutions (Respondent)
File Number(s):	2013/240356
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 24 July 2016 Before: Williams DCJ File Number(s): 2013/240356