R v Barlow, Charles Cameron - [2015] NSWDC 422

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Barlow, Charles Cameron [2015] NSWDC 422
Hearing dates: 20 February 2015, 2 April 2015
Date of orders: 13 April 2015
Decision date: 17 April 2015
Jurisdiction: Criminal
Before: King DCJ
Decision:
Convicted.

Indicative sentences:

SEQ 007: Cause GBH to person with intent:
Imprisonment for 7 years - NPP 5 years. Special circumstances in re totality only, as the offender is already serving a sentence of 18 months imprisonment
SEQ 8: Use etc offensive weapon to prevent lawful detention:
Imprisonment for 3 years and 6 months
SEQ 9: AOABH in re Mr GS:
Imprisonment for 2 yrs
SEQ 10: Aggravated take/detain person with intent to obtain advantage:
Imprisonment for 4 yrs and 6 months
FORM 1 – SEQ 4: Maliciously destroy/damage property:
Taken into account on sentence for SEQ 7 (and aggregated sentence)

Aggregate sentence

Sentenced to a term of imprisonment for 7 years and 9 months comprising of a NPP of 5 years and 6 months to commence on 19/8/14 and to expire on 18/2/20 and a balance of term of 2 years and 3 months to commence on 19/2/20 and to expire on 18/5/22. Eligible to be released to parole on 18/2/20.
s166 – SEQ 3: Contravene prohibition/restriction in AVO (Domestic):
Sentenced to a term of imprisonment for 18 months to commence on 19/8/14 and expire on 18/2/16.
Catchwords: CRIMINAL LAW – Sentence – relevant factors – offences against the person - nature & circumstance of offender - domestic violence – assault with intent to do grievous bodily harm – aggravated detain for advantage – actual bodily harm – use offensive weapon to prevent lawful detention – contravene Apprehended Domestic Violence Order
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Thomson; R v Houlton (2000) 49 NSWLR 383
R v Mitchell; R v Gallagher [2007] NSWCCA 296.
AM v R [2012] NSWCCA 203 at 78
Ashe v R [2010] VSCA 119
R v Tuta [2014] NSWCCA 40
R v Allen [2010] NSWCCA 47
Mendez v R [2012] NSWCCA 103
R v Richards (1981) 2 NSWLR 464
Callaghan v The Queen, [2006] NSWCCA 58
R v Fernando (1992) 76 A Crim R 58
Category: Sentence
Parties: Regina (Crown)
Barlow, Charles Cameron (Defendant)
Representation:
Counsel:
Mr M Smith (Crown)
Mr P Winch Defendant)
Solicitors:
Director of Public Prosecutions (Crown)
Mr W Tuckey (Defendant)

File Number(s): 2013/00251005
Publication restriction: Pursuant to non-publication orders there is to be no publication of anything that identifies or is likely to lead to the identification of the victims.

SENTENCE

HIS HONOUR: Charles Barlow appears for sentence in respect of four offences, the first being assault occasioning actual bodily harm to GS contrary to s 59(1) of the Crimes Act. The maximum penalty provided is five years imprisonment.
The second offence is use offensive weapon with intent to prevent lawful detention, to wit, a knife, contrary to s 33B(1)(a) of the Crimes Act. The maximum penalty is…

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 Barlow, Charles Cameron

Details

AGLC: R v Barlow, Charles Cameron [2015] NSWDC 422
Case: [2015] NSWDC 422
Decision Date: 17 April 2015

CaseChat Overview and Summary

In the case of R v Barlow, Charles Cameron, the defendant faced multiple charges including assault with intent to do grievous bodily harm, aggravated detention for advantage, actual bodily harm, and use of an offensive weapon to prevent lawful detention, in addition to contravening an Apprehended Domestic Violence Order (ADVO). The court was tasked with determining the appropriate sentences for each of these charges, considering the nature and circumstances of the offences, the offender's background, and the totality principle.

The legal issues before the court included the assessment of the severity and nature of the offences, the relevance of the offender's prior criminal history, and the impact of the domestic violence context on the sentencing. Additionally, the court needed to consider the statutory requirements for the imposition of a non-parole period and the appropriate sentences for the various offences, ensuring they were proportionate and aligned with the principles of sentencing in Australian law.

The court evaluated the gravity of the offences, noting the serious nature of the assault with intent to cause grievous bodily harm, the use of an offensive weapon, and the breach of an ADVO. It also took into account the offender's previous imprisonment and the need for deterrence and protection of the community. After considering these factors, the court imposed indicative sentences for each offence, then aggregated them into a final sentence, ensuring the total punishment was commensurate with the seriousness of the crimes committed. The offender was sentenced to a total term of imprisonment, with a non-parole period of 5 years and 6 months, and additional concurrent and consecutive sentences for the other offences.

The final orders included a primary sentence of imprisonment for 7 years and 9 months with a non-parole period of 5 years and 6 months, a concurrent sentence of 18 months for contravening the ADVO, and various other sentences for the additional charges. The aggregate sentence was set to commence on specific dates, with eligibility for parole upon the expiration of the non-parole period.

Orders

Orders of the court

Convicted.

Indicative sentences:

SEQ 007: Cause GBH to person with intent:

Imprisonment for 7 years - NPP 5 years. Special circumstances in re totality only, as the offender is already serving a sentence of 18 months imprisonment

SEQ 8: Use etc offensive weapon to prevent lawful detention:

Imprisonment for 3 years and 6 months

SEQ 9: AOABH in re Mr GS:

Imprisonment for 2 yrs

SEQ 10: Aggravated take/detain person with intent to obtain advantage:

Imprisonment for 4 yrs and 6 months

FORM 1 – SEQ 4: Maliciously destroy/damage property:

Taken into account on sentence for SEQ 7 (and aggregated sentence)

Aggregate sentence

Sentenced to a term of imprisonment for 7 years and 9 months comprising of a NPP of 5 years and 6 months to commence on 19/8/14 and to expire on 18/2/20 and a balance of term of 2 years and 3 months to commence on 19/2/20 and to expire on 18/5/22. Eligible to be released to parole on 18/2/20.

s166 – SEQ 3: Contravene prohibition/restriction in AVO (Domestic):

Sentenced to a term of imprisonment for 18 months to commence on 19/8/14 and expire on 18/2/16.

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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Medium Neutral Citation:	R v Barlow, Charles Cameron [2015] NSWDC 422
Hearing dates:	20 February 2015, 2 April 2015
Date of orders:	13 April 2015
Decision date:	17 April 2015
Jurisdiction:	Criminal
Before:	King DCJ
Decision:	Convicted. Indicative sentences: SEQ 007: Cause GBH to person with intent: Imprisonment for 7 years - NPP 5 years. Special circumstances in re totality only, as the offender is already serving a sentence of 18 months imprisonment SEQ 8: Use etc offensive weapon to prevent lawful detention: Imprisonment for 3 years and 6 months SEQ 9: AOABH in re Mr GS: Imprisonment for 2 yrs SEQ 10: Aggravated take/detain person with intent to obtain advantage: Imprisonment for 4 yrs and 6 months FORM 1 – SEQ 4: Maliciously destroy/damage property: Taken into account on sentence for SEQ 7 (and aggregated sentence) Aggregate sentence Sentenced to a term of imprisonment for 7 years and 9 months comprising of a NPP of 5 years and 6 months to commence on 19/8/14 and to expire on 18/2/20 and a balance of term of 2 years and 3 months to commence on 19/2/20 and to expire on 18/5/22. Eligible to be released to parole on 18/2/20. s166 – SEQ 3: Contravene prohibition/restriction in AVO (Domestic): Sentenced to a term of imprisonment for 18 months to commence on 19/8/14 and expire on 18/2/16.
Catchwords:	CRIMINAL LAW – Sentence – relevant factors – offences against the person - nature & circumstance of offender - domestic violence – assault with intent to do grievous bodily harm – aggravated detain for advantage – actual bodily harm – use offensive weapon to prevent lawful detention – contravene Apprehended Domestic Violence Order
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Mitchell; R v Gallagher [2007] NSWCCA 296. AM v R [2012] NSWCCA 203 at 78 Ashe v R [2010] VSCA 119 R v Tuta [2014] NSWCCA 40 R v Allen [2010] NSWCCA 47 Mendez v R [2012] NSWCCA 103 R v Richards (1981) 2 NSWLR 464 Callaghan v The Queen, [2006] NSWCCA 58 R v Fernando (1992) 76 A Crim R 58
Category:	Sentence
Parties:	Regina (Crown) Barlow, Charles Cameron (Defendant)
Representation:	Counsel: Mr M Smith (Crown) Mr P Winch Defendant) Solicitors: Director of Public Prosecutions (Crown) Mr W Tuckey (Defendant)
File Number(s):	2013/00251005
Publication restriction:	Pursuant to non-publication orders there is to be no publication of anything that identifies or is likely to lead to the identification of the victims.