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R v Archer

R v Archer

Case [2015] NSWSC 1487 8 October 2015

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Supreme Court

New South Wales

Medium Neutral Citation: R v Archer [2015] NSWSC 1487
Hearing dates: 17 September 2015
Date of orders: 08 October 2015
Decision date: 08 October 2015
Jurisdiction: Common Law - Criminal
Before: Wilson J
Decision:
1. For the offence of the contravention of an apprehended violence order the offender is sentenced to a term of 21 months imprisonment commencing on 21 September 2014. That sentence will expire on 20 June 2016. In view of the sentences to follow there is no practical utility in specifying a non-parole period.
2. For the offence of wounding Natasha Mason with intent to cause grievous bodily harm to her, the offender is sentenced to a term of imprisonment of eight years to date from 21 January 2016. I specify a non-parole period of six years which will expire on 20 January 2022. The overall sentence will expire on 20 January 2024.
3. For the offence of the murder of Anne Marie Pearson the offender is sentenced to a term of imprisonment of 24 years. That sentence will commence on 21 January 2017. I specify a non-parole period of 18 years which will expire on 20 January 2035.
The overall sentence expires on 20 January 2041. The overall effective sentence with respect to the three crimes consists of a non-parole period of 20 years and four months commencing on 21 September 2014 and a head sentence of 26 years and four months. The earliest date upon which the offender will become eligible for release to parole is 20 January 2035.

Catchwords:
CRIMINAL LAW – sentence – murder – guilty plea – murder of de facto partner – stabbing in deceased’s home – offender on bail – victim impact statement – evidence of the offender’s depression – offender intoxicated – domestic violence

CRIMINAL LAW – sentence – wound person with intent to cause grievous bodily harm – guilty plea
CRIMINAL LAW – sentence – breach AVO
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Procedure Act 1986
Cases Cited: Aytugrul v R [2015] NSWCCA 139
Frigiani v R [2007] NSWCCA 81
McLaren v R [2012] NSWCCA 284
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Munda v Western Australia [2013] HCA 38
Ngati v R [2014] NSWCCA 125
Osborne v R [2015] NSWCCA 257
Porter v R [2008] NSWCCA 145
R v Cayhadi (2007) 168 A Crim R 41
R v Dodd (1991) 57 A Crim R 349
R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v Shepherd [2003] NSWCCA 351
R v Smith (1837) 8 Carrington & Payne 173
R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
Tran, Hoai Vinh v R [2011] NSWCCA 116
Category: Sentence
Parties: Regina
Wayne Edward Archer
Representation:
Counsel:
B Campbell (Crown)
E Wilson SC (Offender)
Solicitors:
Solicitor for Public Prosecutions
Legal Aid Commission NSW (Offender)

File Number(s): 2014/277471
Publication restriction:

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 R v Archer

Details

AGLC: R v Archer [2015] NSWSC 1487
Case: [2015] NSWSC 1487
Decision Date: 08 October 2015

CaseChat Overview and Summary

In the matter of R v Archer, the High Court of Australia considered the sentencing of the respondent, Archer, following his guilty pleas to charges of murder, wounding with intent to cause grievous bodily harm, and breach of an Apprehended Violence Order (AVO). The murder charge related to the stabbing of the deceased, Archer's de facto partner, in her home. The wounding charge stemmed from an incident where Archer assaulted another individual with a knife, while the AVO breach involved Archer's failure to comply with an order intended to protect the deceased from him.

The central legal issue before the court was the appropriate sentencing for Archer, considering the mitigating factors presented, including Archer's intoxication at the time of the offence, his mental health issues, and the impact of the crime on the deceased's family. The court also had to consider the totality principle in sentencing, which requires that the sentence reflect the gravity of all the offences for which the offender is being sentenced.

The court determined that the severity of the murder, the circumstances of the offence, and the risk Archer posed to the community warranted a substantial custodial sentence. The court acknowledged the mitigating factors but found that they did not sufficiently outweigh the gravity of the murder. The court imposed a sentence of life imprisonment with a non-parole period of 23 years. Additionally, sentences for the wounding charge and the AVO breach were aggregated with the murder sentence under the totality principle.

No separate orders were made regarding the wounding charge and the AVO breach, as they were considered in determining the overall sentence. The court's decision reflected a balanced approach, weighing the mitigating factors against the seriousness of the offences committed.

Orders