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Byfield v The Queen

Byfield v The Queen

Case [2002] WASCA 260 20 September 2002

Sentencing

Attempted Murder

Aggravated & Exemplary Damages

Criminal Law

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BYFIELD -v- THE QUEEN [2002] WASCA 260

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WASCA 260
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:81/2001	Heard:	22 JULY 2002
Coram:	MALCOLM CJ WALLWORK J STEYTLER J	Delivered:	20/09/02
No of pages:	16	Judgment Part:	1 of 1
Result:	Application for leave to appeal refused
Category:	A
PDF Version

Parties:	DARIAN DAVID BYFIELD THE QUEEN
Catchwords:	Criminal law Sentencing Attempted murder Horrific offence Victim deliberately run over by car on a second occasion Left badly injured with no assistance Whether 12 year sentence of imprisonment too severe
Legislation:	Crimes Act 1900 (NSW), s 29
Case References:	Aldridge v The Queen, unreported; CCA SCt of WA; Library No 980206; 23 April 1998 Bell v The Queen (1992) 62 A Crim R 66 Brewer (1987) 9 Cr App R (S) 44 Chae Sun Lee, unreported; CCA SCt of WA, Library No 5982, 28 August 1985 Dearn (1990) 12 Cr App R (S) 527 Domican (No 3) (1990) 46 A Crim R 428 Donnelly (1983) 5 Cr App R (S) 70 Drinkald (1988) 10 Cr App R (S) 380 Grant (1992) 13 Cr App R (S) Green (1986) 8 Cr App R (S) 284 Haines (1983) 5 Cr App R (S) 58 Lawson v The Queen, unreported; CCA SCt of WA; Library No 940439; 24 August 1994 Pearce v The Queen (1998) HCA 57; 194 CLR 610 R v Kerr, unreported; CCA SCt of WA; Library No 970402; 15 August 1997 Roche v The Queen, unreported; CCA SCt of WA; Library No 6972; 15 December 1987 Rodriguez v The Queen [2001] WASCA 394 Townsend (1979) 1 Cr App R (S) 33 Lowndes v The Queen (1999) 195 CLR 665 R v Lee, unreported; CCA SCt of WA; Library No 5982; 28 August 1985 R v Millar [2001] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999 Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BYFIELD -v- THE QUEEN [2002] WASCA 260 CORAM : MALCOLM CJ

WALLWORK J

STEYTLER J

HEARD : 22 JULY 2002 DELIVERED : 20 SEPTEMBER 2002 FILE NO/S : CCA 81 of 2001 BETWEEN : DARIAN DAVID BYFIELD

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law - Sentencing - Attempted murder - Horrific offence - Victim deliberately run over by car on a second occasion - Left badly injured with no assistance - Whether 12 year sentence of imprisonment too severe

Legislation:

Crimes Act 1900 (NSW), s 29

Result:

Application for leave to appeal refused

(Page 2)

Category: A

Representation:

Counsel:

Applicant : Mr J B Prior

Respondent : Mr R E Cock QC

Solicitors:

Applicant : Unrepresented Criminal Appellants Scheme

Respondent : State Director of Public Prosecutions

Case(s) referred to in judgment(s):

Aldridge v The Queen, unreported; CCA SCt of WA; Library No 980206; 23 April…

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 Byfield v The Queen

Details

AGLC: Byfield v The Queen [2002] WASCA 260
Case: [2002] WASCA 260
Decision Date: 20 SEPTEMBER 2002

CaseChat Overview and Summary

In Byfield v The Queen, the appellant, Byfield, sought leave to appeal against his sentence for attempted murder. Byfield had deliberately run over his victim twice with a car, leaving the victim severely injured and unattended. The case involved a dispute over whether the 12-year sentence of imprisonment imposed by the trial judge was excessive. The appellant argued that the sentence was too harsh, given the mitigating circumstances, while the Crown maintained that the severity of the crime warranted the sentence. The High Court was required to determine whether the sentence was appropriate in the context of the offence and whether the trial judge had erred in any way in imposing it. The court held that the sentence was neither manifestly excessive nor did it reflect any error in principle by the trial judge. Therefore, the application for leave to appeal was refused.

Orders

Orders of the court

Application for leave to appeal refused

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

Byfield v The Queen [2002] WASCA 260

Most Recent Citation

The State of Western Australia v Hillier [2008] WASCA 184

Cases citing this decision · 5 of 5 shown

The State of Western Australia v Radovic
[2020] WASCA 46 Para 9

…aximum penalty for that offence has been life imprisonment. The offender's appeal against sentence in Attwell was dismissed. [42] Byfield v The Queen [2002] WASCA 260; (2002) 133 A Crim R 307. [43] Ammoun v The State of Western Australia [2009] WASCA 182.…
DC v The State of Western Australia
[2014] WASCA 121

…0263, 15 May 1996) Barbaro v The Queen [2014] HCA 2 Bell v The Queen (1992) 62 A Crim R 66 Bromfield v The Queen [2002] WASCA 333 Byfield v The Queen [2002] WASCA 260 C (a child) v The Queen (1995) 83 A Crim R 561 Chan v The Queen (1989) 38 A Crim R 337 F (a child) v The Queen (Unreported, CCA, Library No 960208, 1…
Ammoun v The State of Western Australia
[2009] WASCA 182 Para 2

…the offence of attempted murder and, in particular, no 'broad tariff' of 7 to 10 years (pre‑transitional) for the offence: see Byfield v The Queen [2002] WASCA 260; (2002) 133 A Crim R 307 per Malcolm CJ at [4] and Wallwork J at [41].…
The State of Western Australia v BLM
[2009] WASCA 88 Para 11

…e, the offender's intention was more culpable, and the attacks were often more intense or prolonged. Perhaps the closest would be Byfield v The Queen [2002] WASCA 260 (retaliation for an alleged earlier assault, premeditated attack with piece of wood and also ran over complainant with vehicle; young offender; plea…
The State of Western Australia v Hillier
[2008] WASCA 184 Para 6

…In Byfield v The Queen [2002] WASCA 260; (2002) 133 A Crim R 307, the appellant pleaded guilty, on the fast‑track, to a charge of attempted murder. He and a co‑offender had been at a football oval with other people. They saw the complainant, who had allegedly been responsible for an assault upon the co‑offender at…

View all 5 citing cases →

Cases cited in this decision · 9 of 9 shown

Bell v The Queen
[2022] HCATrans 30

…Aldridge v The Queen, unreported; CCA SCt of WA; Library No 980206; 23 April 1998 Bell v The Queen (1992) 62 A Crim R 66 Brewer (1987) 9 Cr App R (S) 44 Chae Sun Lee, unreported; CCA SCt of WA, Library No 5982, 28 August 1985 Dearn (1990) 12 Cr App R (S) 527 Domican (No 3) (1990) 46 A Crim R 428 Donnelly (1983) 5 Cr App R…
R v O'Rourke
[2010] QCA 122

…"19 In R v O'Rourke (1997) 1 VR 246 the offender had been conviction of rape, threats to kill, intentional injury and two indecent assaults. The Court of Appeal held that in the circumstances it was not open to the sentencing Judge to write off the impact of these later offences by saying they were part of one relativ…
R v White
[2002] WASCA 112

…16 In R v White [2002] WASCA 112 McKechnie J (with whom Wallwork and Murray JJ agreed), allowed a Crown appeal against sentences imposed in the Supreme Court for four offences committed on 18 June 2001 for which the respondent was sentenced as follows:…
Pieri v The Queen
[2001] WASCA 357

…22 In Pieri v The Queen [2001] WASCA 357 this Court considered the question of cumulative or concurrent sentences. Einfeld AUJ, with whom Wallwork J agreed, quoted Thomas' "Principles of Sentencing", 2nd ed, 1979 at p 53:…
R v Millar
[2001] WASCA 54

…wnsend (1979) 1 Cr App R (S) 33 Lowndes v The Queen (1999) 195 CLR 665 R v Lee, unreported; CCA SCt of WA; Library No 5982; 28 August 1985 R v Millar [2001] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999 Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 A…
Oldham v The Queen
[1999] WASCA 304

…or all of the counts and whether it should be in whole or in part. 20 This approach was specifically adopted by this Court in Oldham v The Queen [1999] WASCA 304. Oldham had been convicted of two counts of aggravated sexual assault and one count of murder in respect of the same woman. The offences occurred over a s…
Pearce v The Queen
[1998] HCA 57

…84 Haines (1983) 5 Cr App R (S) 58 Lawson v The Queen, unreported; CCA SCt of WA; Library No 940439; 24 August 1994 Pearce v The Queen (1998) HCA 57; 194 CLR 610 R v Kerr, unreported; CCA SCt of WA; Library No 970402; 15 August 1997 Roche v The Queen, unreported; CCA SCt of WA; Library No 6972; 15 December 198…
Lowndes v The Queen
[1999] HCA 299

…he v The Queen, unreported; CCA SCt of WA; Library No 6972; 15 December 1987 Rodriguez v The Queen [2001] WASCA 394 Townsend (1979) 1 Cr App R (S) 33 Lowndes v The Queen (1999) 195 CLR 665 R v Lee, unreported; CCA SCt of WA; Library No 5982; 28 August 1985 R v Millar [2001] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of…
Rodriguez v The Queen
[2001] WASCA 394

…CA SCt of WA; Library No 970402; 15 August 1997 Roche v The Queen, unreported; CCA SCt of WA; Library No 6972; 15 December 1987 Rodriguez v The Queen [2001] WASCA 394 Townsend (1979) 1 Cr App R (S) 33 Lowndes v The Queen (1999) 195 CLR 665 R v Lee, unreported; CCA SCt of WA; Library No 5982; 28 August 1985 R v Mill…

Legislation cited in this decision · 1

Crimes Act 1900 (ACT)
29 1 mention