Berrier v R

Case [2009] NSWCCA 40


New South Wales
Court of Criminal Appeal

CITATION: BERRIER, Steven John v R [2009] NSWCCA 40
HEARING DATE(S): 19 September 2008
 
JUDGMENT DATE: 

27 February 2009
JUDGMENT OF: Giles JA at 1; Rothman J at 2; Price J at 44
DECISION:

(i) Leave to appeal be granted;

(ii) The appeal against sentence be dismissed.
CATCHWORDS: CRIMINAL LAW – sentence – manslaughter – no issues of principle – degree of seriousness depends on facts of particular offence – material considerations – no identifiable or manifest error – leave granted, appeal dismissed
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912
CATEGORY: Principal judgment
CASES CITED: R v Blacklidge (Court of Criminal Appeal, Gleeson CJ, 12 December 1995, unreported)
R v Dodd (1991) 57 A Crim R 349
R v Edwards (1996) 90 A Crim R 51
R v Hill (1981) 3 A Crim R 397
R v Isaacs (1997) 41 NSWLR 374
R v Warren Alan Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1
Salah v R [2009] NSWCCA 2
PARTIES: Steven John Berrier (Applicant)
Regina (Respondent)
FILE NUMBER(S): CCA 2005/00003232
COUNSEL: G Bashir (Applicant)
D Arnott SC (Respondent)
SOLICITORS: Legal Aid Commission (Applicant)
Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2005/1139
LOWER COURT JUDICIAL OFFICER: Hidden J
LOWER COURT DATE OF DECISION: 21 December 2006
LOWER COURT MEDIUM NEUTRAL CITATION: R v Berrier [2006] NSWSC 1421



                          CCA 2005/3232

                          GILES JA
                          ROTHMAN J
                          PRICE J

                          27 FEBRUARY 2009
BERRIER, Steven John v R
Judgment

1 GILES JA: I agree with Rothman J.

2 ROTHMAN J: On 17 March 2006, a jury found Steven John Berrier not guilty of murder, but guilty of manslaughter. He had been charged with murder following the stabbing of Mr Lucas Bruin on 19 April 2004 at Prospect. Mr Berrier pleaded not guilty and was tried before Hidden J and a jury, the trial lasting just under four weeks.

3 The Crown asserted, at the trial, that Mr Berrier had stabbed Mr Bruin deliberately, with an intention to kill or to inflict grievous bodily harm, without provocation and not in self-defence. Mr Berrier conducted the trial on the basis that the stabbing was not intentional, and the evidence at the trial raised issues as to self-defence and/or provocation. His Honour directed the jury on, amongst other things, provocation, excessive self-defence and manslaughter by unlawful and dangerous act.

4 Justice Hidden sentenced Mr Berrier on 21 December 2006. He did so on the basis of provocation manslaughter, rejecting the submission of Mr Berrier that the sentence should be based on excessive self-defence, and accepting the Crown submission that Mr Berrier should be sentenced on the basis of provocation. His Honour Justice Hidden imposed a custodial sentence, being a non-parole period of 6 years, commencing 19 April 2004 and expiring on 18 April 2010, with a balance of term of 3 years, expiring on 18 April 2013.

5 Mr Berrier appeals the sentence imposed by Hidden J…

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Berrier v R [2009] NSWCCA 40
Case
[2009] NSWCCA 40
Decision Date

CaseChat Overview and Summary

In the case of Berrier v R, the appellant, Berrier, was convicted of manslaughter and appealed against the severity of the sentence imposed. The appeal was heard in the High Court of Australia. The central issue before the Court was whether the sentence imposed by the lower court was manifestly excessive or unjust, given the degree of seriousness of the offence. The Court needed to consider whether the sentence was commensurate with the crime and whether there were any identifiable or manifest errors in the sentencing process.

The Court held that the degree of seriousness of an offence and the appropriate sentence depend on the specific facts of each case. The Court reviewed the material considerations, including the circumstances of the offence, the appellant's criminal history, and the sentencing principles outlined in previous cases. The Court concluded that there were no identifiable or manifest errors in the sentencing process and that the sentence was not manifestly excessive or unjust. The Court emphasised that each case must be assessed on its own merits, and the sentence should reflect the degree of seriousness inherent in the particular offence.

Accordingly, the Court granted leave to appeal but dismissed the appeal. The Court found that the lower court's assessment of the degree of seriousness and the sentence imposed were appropriate, and there was no basis to interfere with the sentence. The Court's decision underscores the importance of considering the unique facts of each case when assessing the seriousness of an offence and determining an appropriate sentence.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Ratio Decidendi

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