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Jeffries v R

Jeffries v R

Case [2008] NSWCCA 144 26 June 2008

Sentencing

Domestic Violence Offences

Actual Bodily Harm

Criminal Law

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Reported Decision: 185 A Crim R 500

New South Wales

Court of Criminal Appeal

CITATION: Jeffries v R [2008] NSWCCA 144

HEARING DATE(S): 15 May 2008

JUDGMENT DATE:
26 June 2008

JUDGMENT OF: Beazley JA at 1; Johnson J at 2; McCallum J at 112

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - sentencing - domestic violence offences - detain for advantage and cause actual bodily harm - detain for advantage - offences committed against offender's domestic partner and partner's teenage daughter - objectively serious offences - bad record for crimes of violence - offences committed whilst offender subject to bail and apprehended domestic violence order intended to protect partner - importance of specific and general deterrence - sentences not manifestly excessive

LEGISLATION CITED: Crimes Act 1900
Children (Criminal Proceedings) Act 1987
Criminal Procedure Act 1986
Crimes Amendment (Gang and Vehicle Related Offences) Act 2001
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912

CATEGORY: Principal judgment

CASES CITED: R v Hamid (2006) 164 A Crim R 179
R v Stott [2005] NSWCCA 346
Salvaggio v R [2007] NSWCCA 136
R v Bloomfield (1998) 44 NSWLR 734
R v Collett (NSW Court of Criminal Appeal, 7 June 1979, unreported)
Johnson v The Queen (2004) 78 ALJR 616
R v KM [2004] NSWCCA 65
R v George (2004) 149 A Crim R 38
R v Zhang [2004] NSWCCA 358
Heine v R [2008] NSWCCA 61
Markarian v The Queen (2005) 228 CLR 357
R v Lao [2003] NSWCCA 315
R v Fong (2002) 132 A Crim R 308
R v Newell [2004] NSWCCA 183
Veen v The Queen (No. 2) (1988) 164 CLR 465
R v Falls [2004] NSWCCA 335
R v Burton [2008] NSWCCA 128
R v AEM and Others [2002] NSWCCA 58
R v Morgan (1993) 70 A Crim R 368
Vaovasa v R (2007) 174 A Crim R 116
R v McNaughton (2006) 66 NSWLR 566
R v Simpson (2001) 53 NSWLR 704
Baxter v R (2007) 173 A Crim R 284
Douar v R (2005) 159 A Crim R 154

TEXTS CITED: ---

PARTIES: Darren Richard Jeffries (Applicant)
Regina (Respondent)

FILE NUMBER(S): CCA 2007/3063

COUNSEL: Ms C Loukas (Applicant)
Mr PM Miller (Respondent)

SOLICITORS: Legal Aid Commission of New South Wales (Applicant)
S Kavanagh (Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/61/0166

LOWER COURT JUDICIAL OFFICER: Woods ADCJ

LOWER COURT DATE OF DECISION: 12 June 2007

2007/3063

BEAZLEY JA
JOHNSON J
McCALLUM J
26 June 2008

DARREN RICHARD JEFFRIES v REGINA

Judgment

1 BEAZLEY JA: I agree with Johnson J.

2 JOHNSON J: The Applicant, Darren Richard Jeffries, seeks leave to appeal from sentences imposed in the Orange District Court on 12 June 2007 with respect to serious domestic violence offences. Following a trial between 2 and 10 April 2007, a jury convicted the Applicant of detain for advantage and cause actual bodily harm contrary to s.86(2)(b) Crimes Act 1900 (maximum penalty: 20 years’ imprisonment)…

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 Jeffries v R

Details

AGLC: Jeffries v R [2008] NSWCCA 144
Case: [2008] NSWCCA 144
Decision Date: 26 June 2008

CaseChat Overview and Summary

The case of Jeffries v R involved the defendant, Jeffries, who was convicted of multiple domestic violence offences. These included detaining for advantage and causing actual bodily harm, as well as detaining for advantage. The offences were committed against his domestic partner and her teenage daughter. The High Court of Australia was tasked with reviewing the sentences imposed by the lower courts.

The legal issues before the court involved the assessment of the appropriate sentences for the domestic violence offences. Key considerations included the objective seriousness of the offences, the defendant's criminal history, and the impact of the offences on the victims. Additionally, the court needed to determine whether the sentences were manifestly excessive in light of the specific and general deterrence objectives.

The court examined the gravity of the offences, which were of a serious nature, particularly given that they were committed against the offender's domestic partner and her teenage daughter. The court also noted that the offences were committed while the offender was subject to bail conditions and an apprehended domestic violence order intended to protect the victim. The defendant's history of violent crimes was deemed relevant in assessing the appropriate level of punishment. The court concluded that the sentences were not manifestly excessive and appropriately balanced the objectives of specific and general deterrence.

The final orders of the court affirmed the sentences imposed by the lower courts, finding that they were proportionate to the seriousness of the offences and served the necessary purposes of deterrence and protection of the community.

Orders