Supreme Court
New South Wales
Medium Neutral Citation: R v Archer [2021] NSWSC 1485 Hearing dates: 28 October 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Common Law Before: Hamill J Decision: Sentenced to a term of imprisonment for 19 years and 6 months, with a non-parole period of 13 years and 6 months
Catchwords: CRIMINAL LAW – murder – sentence after trial – single stab wound – assessment of objective criminality – unplanned attack – no intention to kill – where offender armed with knife – deterrence – offender motivated by anger – blamed victim for theft of property – where offender previously convicted of wound with intent – relevance of criminal history – mitigating factors – where based on history provided by offender – offender unreliable and self-serving historian – hearsay evidence not accepted on balance – facilitation of the course of justice – small reduction in sentence
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 4
Crimes (High Risk Offenders) Act 2006 (NSW) s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22A, 23, 23A, 44, 54A
Evidence Act 1995 (NSW) s 4(2)
Cases Cited: Adegoke v R [2013] NSWCCA 193; (2013) 234 A Crim R 280
Droudis v R [2020] NSWCCA 322; (2020) 103 NSWLR 806
Ghamraoui v R [2009] NSWCCA 111
Hoare v The Queen [1989] HCA 33; (1989) 167 CLR 348
Khudadadi v R [2021] NSWCCA 259
R v Brooks (No.5) [2017] NSWSC 824
R v Do (No. 4) [2015] NSWSC 512
R v Hines (No 3) [2014] NSWSC 1273
R v M.A.K; R v M.S.K. [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Ruttley (No 7) [2017] NSWSC 1582
R v Sumpton(No. 4) [2015] NSWSC 684
R v Wood [2014] NSWCCA 184; (2014) 244 A Crim R 501
Van Der Baan v R [2012] NSWCCA 5
Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
Category: Principal judgment Parties: Regina
Richard ArcherRepresentation: Counsel:
Solicitors:
G Harrison (Regina)
T Anderson SC (Archer)
Office of the Director of Public Prosecutions (Regina)
O'Brien Solicitors (Archer)
File Number(s): 2020/00051022 Publication restriction: Nil
Judgment
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Around midnight on 16 February 2020, the offender, Richard Archer, entered into or approached a neighbour’s home unit at the Kendall Building in Redfern. He was, on all accounts, in a highly agitated state and armed with a knife. The victim, David Bradshaw, had the misfortune of arriving at the same unit a few minutes later. Mr Archer believed that Mr Bradshaw was…
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- AGLC
- R v Archer [2021] NSWSC 1485
- Case
- [2021] NSWSC 1485
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was to determine the appropriate sentence for the offender, taking into account the objective criminality of the offence and the circumstances surrounding the attack. The court also had to consider the offender's criminal history, the mitigating factors presented, and the relevance of the offender's account of events, which was deemed unreliable and self-serving. The court had to balance these factors, including the use of hearsay evidence, in order to reach a just outcome.
The court found that the offence was of high objective criminality, taking into account the use of a knife and the fatal outcome. However, the court also considered the mitigating factors, such as the lack of premeditation and the offender's anger-driven motivation. The court found the offender's history to be relevant but did not accept the hearsay evidence provided by the offender as it was considered unreliable. The court also acknowledged the offender's facilitation of the course of justice, which resulted in a small reduction in the sentence. The court ultimately determined that the sentence should reflect the seriousness of the offence while also considering the mitigating factors and the offender's cooperation with the authorities.
The court ordered that the offender be sentenced to a term of imprisonment with a non-parole period, reflecting the gravity of the offence and the need for deterrence and rehabilitation. The court also considered the offender's cooperation with the authorities, which resulted in a small reduction in the sentence.
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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