R v Barron

[2020] ACTSC 281

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Barron

Citation:

[2020] ACTSC 281

Hearing Dates:

19 August and 13 October 2020

DecisionDate:

13 October 2020

Before:

Murrell CJ

Decision:

Sentenced to three years and nine months’ imprisonment with a nonparole period of 26 months.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Intentionally inflict grievous bodily harm – Co-offenders

Legislation Cited:

Crimes Act 1900 (ACT) s 19

Crimes (Sentencing) Act 2005 (ACT) s 33

Cases Cited: 

Jovanovic v The Queen [2015] ACTCA 29

R v Rappel [2019] ACTCA 11
R v Bourne; R v Manns [2018] ACTSC 35
R v Chevalier [2018] ACTSC 236
R v Po’oi [2018] ACTSC 364
R v Torbert [2015] ACTSC 331

R v Salcedo; R v Stretton (No 3) [2018] ACTSC 305

Parties:

The Queen (Crown)

Michael John Barron (Offender)

Representation:

Counsel

M Howe (Crown)

P Edmonds (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Paul Edmonds and Associates (Offender)

File Number(s):

SCC 141 of 2020

MURRELL CJ:

Introduction

1. The offender pleaded guilty to the offence that, on 24 February 2020, he intentionally inflicted grievous bodily harm on the complainant, contrary to s 19 of the Crimes Act 1900 (ACT).

1. The maximum penalty for the offence is 20 years’ imprisonment.

1. There are two co-offenders, Ms Wright and Mr Edgerton.  

1. The offender was arrested on 11 March 2020 and remained in custody until 2 April 2020, when he was released on bail (a period of 23 days).

1. The offender was on parole at the time of the offence. On 25 August 2020, parole was revoked because of the commission of the subject offence, and he began to serve the remainder of the earlier sentence. It expires on 4 April 2021. The remaining part of the sentence was seven months and 10 days’ imprisonment.

1. The offender entered a plea of guilty at the fourth mention in the ACT Magistrates Court after the prosecution provided detailed evidence of the extent of injuries suffered by the complainant, establishing that they amounted to “grievous bodily harm”.

1. The pleas of guilty were entered in the context of a strong prosecution case. Mr Edgerton provided a detailed version of events to police, and the complainant identified the offender as the attacker. Recorded telephone conversations revealed Ms Wright’s participation in the offence. In relation to the entry of the plea, discussions between the parties commenced at an early stage, and the offender was waiting to receive further details regarding the extent of the injury to the victim before conceding that the injuries amounted to grievous bodily harm.

1. Although the plea was not entered at the earliest opportunity, it was entered at an early opportunity and I propose to allow a discount of 25 per cent.

Facts

1. In January 2020, Ms Wright ended a seven-year relationship with the complainant.  Soon afterwards, she commenced a relationship with Mr Barron.  Ms Wright continued to live at the Kaleen residence where she had formerly lived…