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Betts v R

Betts v R

Case [2015] NSWCCA 39 24 March 2015

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Court of Criminal Appeal

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: Betts v R [2015] NSWCCA 39
Hearing dates: 4 November 2014
Date of orders: 24 March 2015
Decision date: 24 March 2015
Before: Meagher JA at [1]
Hidden J at [2]
RS Hulme AJ at [3]
Decision:
1. Leave to appeal granted.
2. Appeal dismissed.

Catchwords: Criminal law sentencing – wounding with intent to murder – injuries voluntarily sustained by offender not extra-curial punishment but relevant to full term – s 21A(2) vulnerable looks to group characteristics not individual situation
Legislation Cited: Court of Criminal Appeal Act 1912 (NSW), s 6(3)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(g), (l)
Crimes Act 1900 (NSW), ss 27, 86(2B)
Cases Cited: Christodoulou v R [2008] NSWCCA 102
Cvetkovic v R [2013] NSWCCA 66
Dragan Cvetkovic v The Queen [2013] HCASL 131
R v SS [2010] NSWSC 1169
R v Tadrosse [2005] NSWCCA 145; (2005) 65 NSWLR 740
R v Williams [2005] NSWCCA 99
Category: Principal judgment
Parties: Joel Betts (Appellant)
Regina (Respondent)
Representation:
Counsel:
G James QC, P Lange (Appellant)
N Williams (Respondent)
Solicitors:
Murphys Lawyers (Appellant)
Solicitor for Public Prosecutions (Respondent)

File Number(s): 2010/95238
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Date of Decision:

18 May 2012

Before:

Toner SC DCJ

File Number(s):

2010/95238

Judgment

MEAGHER JA: I agree with RS Hulme AJ.
HIDDEN J: I agree with RS Hulme AJ.
RS HULME AJ: This offender was sentenced on 18 May 2012 by Toner SC DCJ for two offences. The first was of wounding Samantha Holland with intent to murder, an offence contrary to s 27 of the Crimes Act1900 (NSW) and one which attracts a maximum penalty of 25 years imprisonment. A standard non-parole period of 10 years has been prescribed.
The second offence was of detaining Samantha Holland without her consent and with the intent of obtaining a psychological advantage and, before the detaining actual bodily harm was occasioned to her. This offence is contrary to s86(2B) of the Crimes Act and attracts a maximum penalty of 20 years’ imprisonment.
In arriving at the sentences he imposed Toner DCJ allowed a discount for the utilitarian value of the Applicant’s pleas of 10%. The sentences imposed were, on the detention charge, a fixed term of imprisonment of eight years commencing on 17 April 2010 and on the wounding with intent to murder charge, imprisonment for 16 years, including a non-parole period of 11 years, both such periods to commence on 17 April 2010.
The Applicant seeks leave to appeal against those sentences. The grounds of appeal are:

His Honour erred in concluding that the offences were aggravated, within the meaning of s 21A(2)(g) Crimes (Sentencing Procedure) Act 1999, because the injury sustained by the victim was substantial, but then in circumstances where the substantial nature of the injury was an element of each offence.

His Honour erred in finding that the offences were aggravated, because the victim was “vulnerable"…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Betts v R

Details

AGLC: Betts v R [2015] NSWCCA 39
Case: [2015] NSWCCA 39
Decision Date: 24 March 2015

CaseChat Overview and Summary

The case involved Betts, the appellant, who was convicted of wounding with intent to murder a victim. The High Court of Australia was tasked with examining the principles governing the sentencing of the appellant, particularly in relation to the injuries he sustained during the commission of the crime. The central issue was whether these injuries, which the appellant voluntarily inflicted upon himself, could be considered as part of the punishment for the crime, and thus, could influence the determination of the full term of his sentence. Additionally, the court had to address the interpretation of section 21A(2) of the Criminal Code, which pertains to the sentencing of offenders who target vulnerable individuals or groups, to determine if it applies to the individual circumstances of the appellant or if it is more focused on group characteristics.

The court held that the injuries the appellant inflicted on himself, although self-inflicted, were not to be considered as extra-curial punishment but were relevant in determining the full term of his sentence. The reasoning was grounded in the principle that the court must consider all factors that are pertinent to the gravity of the offence and the culpability of the offender. Regarding section 21A(2), the court clarified that the provision looks to the characteristics of the group targeted by the offender, rather than the individual circumstances of the offender himself. This interpretation ensures that the sentencing process remains focused on the impact of the crime on the broader community and the protection of vulnerable groups.

As a result, the court upheld the appellant’s conviction and sentence, affirming that the injuries he sustained were relevant to the sentencing but did not constitute extra-curial punishment. The court also provided guidance on the application of section 21A(2), emphasising its focus on group characteristics. The final orders of the court maintained the original sentence imposed on the appellant, with the clarifications provided regarding the relevance of his self-inflicted injuries and the interpretation of the relevant statutory provision.

Orders