BC v R

Case [2020] NSWCCA 329


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: BC v R [2020] NSWCCA 329
Hearing dates: 16 September 2020
Date of orders: 14 December 2020
Decision date: 14 December 2020
Before: Gleeson JA at [1];
Price J at [2];
Wright J at [185]
Decision:

(1) Leave to appeal granted.

(2) Appeal dismissed.

Catchwords:

CRIMINAL LAW – sentence appeal – one count of wounding with intent to cause grievous bodily harm – applicant aged 17 at time of offence – disputed facts hearing – whether judge erred in the assessment of the evidence – whether judge misdirected himself – whether applicant discharged the onus of proof – whether applicant’s symptoms of PTSD played a causative role in the offence – whether judge assessed the applicant’s moral culpability – whether error in judge’s finding that the applicant was not genuinely remorseful – whether sentence was manifestly excessive

Legislation Cited:

Children (Criminal Proceedings) Act1987 (NSW), ss 6, 33(1)(b)

Crimes Act 1900 (NSW), ss 33(1)(a), 61

Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(i)

Evidence Act 1995 (NSW), s 38

Cases Cited:

Aslan v R [2014] NSWCCA 114

Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194; 205 A Crim R 1

Egan v R [2017] NSWCCA 206

Gommesen v R [2012] NSWCCA 226

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45; 204 A Crim R 434

House v The King (1936) 55 CLR 499; [1936] HCA 40

JB v R [2012] NSWCCA 196

Lloyd v R [2017] NSWCCA 303

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

R v Jasper [2014] NSWDC 116

R v Nguyen [2004] NSWCCA 438

R v Phillip (a pseudonym) [2019] NSWDC 448

R v Thomson; R v Houlton (2000) 14 NSWLR 374; [2000] NSWCCA 309; 115 A Crim R 104

Robinson v The Queen (1991) 180 CLR 531; [1991] HCA 38

Skocic v R [2014] NSWCCA 225

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54; 103 A Crim R 149

Windle v R [2011] NSWCCA 277

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Category:Principal judgment
Parties: BC (Applicant)
Regina (Respondent)
Representation:

Counsel:
Mr J Stratton SC (Applicant)
Mr B Hatfield (Respondent)

Solicitors:
Longton Legal (Applicant)
Solicitor for the Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/00332302
Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of, or any matter which could identify, the applicant is prohibited.
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Citation:

[2019] NSWDC 448

Date of Decision:
12 August 2019
Before:
Colefax SC DCJ
File Number(s):
2017/00332302

Judgment

  1. GLEESON JA: I agree…

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Details
AGLC
BC v The Queen [2020] NSWCCA 329
Case
[2020] NSWCCA 329
Decision Date

CaseChat Overview and Summary

In the case of BC v R, the applicant, who was 17 years old at the time of the offence, was convicted of one count of wounding with intent to cause grievous bodily harm. The applicant appealed against the sentence, arguing that the trial judge had erred in his assessment of the evidence, misdirected himself on certain points of law, and failed to adequately consider the applicant’s moral culpability and the impact of their symptoms of post-traumatic stress disorder (PTSD) on the offence. The appeal was heard in the High Court of Australia, which reviewed the lower court’s findings and the evidence presented.

The legal issues before the court were whether the trial judge had erred in his assessment of the evidence, misdirected himself on certain points of law, and failed to adequately consider the applicant’s moral culpability and the impact of their PTSD symptoms on the offence. The court also considered whether the applicant had discharged the onus of proof in establishing that their PTSD symptoms played a causative role in the offence, and whether the sentence was manifestly excessive.

In its decision, the court found that the trial judge had not erred in his assessment of the evidence or misdirected himself on any point of law. The court held that the applicant had not discharged the onus of proof in establishing that their PTSD symptoms played a causative role in the offence. The court also found that the trial judge had properly assessed the applicant’s moral culpability and that there was no error in the judge’s finding that the applicant was not genuinely remorseful. The court ultimately dismissed the appeal and upheld the original sentence.

In light of the above, the court made no orders altering the sentence imposed by the lower court. The applicant’s appeal against sentence was dismissed in its entirety.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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