R v Barry Ronald Grant - [2010] NSWSC 1048

CITATION: R v Barry Ronald Grant [2010] NSWSC 1048

HEARING DATE(S): 07/09/10, 09/09/10

JUDGMENT DATE :
15 September 2010

JUDGMENT OF: Barr AJ at 1

DECISION: Barry Ronald Grant, for cultivating the large commercial quantity of cannabis plants I sentence you to imprisonment. I set a non-parole period of four years, which will be regarded as having commenced on 13 February 2009 and which will expire on 12 February 2013. The balance of the term of the sentence is one year and four months expiring on 12 June 2014.
For the offence of supplying 8.14 kilograms of cannabis I sentence you to imprisonment for a fixed term of two years. The term of the sentence will be regarded as having commenced on 13 February 2009 and will expire on 12 February 2011. I have imposed a fixed term because the sentence is wholly subsumed by the non-parole period of the sentence already imposed.
For unlawfully disposing of the body of Jethro Matheson I sentence you to imprisonment for a fixed term of 1 year, commencing on 13 February 2011 and expiring on 12 February 2012. I have imposed a fixed term because the sentence will be wholly subsumed by the non-parole period of the sentence I am about to impose.
For the manslaughter of Jethro Matheson I sentence you to imprisonment. I set a non-parole period of eight years and six months, commencing on 13 February 2011 and expiring on 12 August 2019. The balance of the term will be three years and six months, expiring on 12 February 2023.
The first day upon which you will become eligible for release to parole will be 12 August 2019.

CATEGORY: Sentence

PARTIES: Regina
Barry Ronald Grant

FILE NUMBER(S): SC 2009/144043

COUNSEL: C McPherson - Crown

SOLICITORS: S Kavanagh - Crown
J Weller - Offender

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

BARR AJ

WEDNESDAY 15 SEPTEMBER 2010

2009/144043 REGINA v Barry Ronald GRANT

REMARKS ON SENTENCE

The offender, Barry Ronald Grant, is to be sentenced for the following offences -

1. That on or about 15 January 2009 at Condong he unlawfully killed Jethro Matheson;

2. That on or about 15 January 2009 at Condong and elsewhere in New South Wales he wilfully disposed of the dead body of Jethro Matheson, he having died a violent death, before the Coroner had had an opportunity of holding an inquest upon the dead body;

3. That between 15 and 17 January 2009 at Condong he cultivated not less than the large commercial quantity of prohibited plants, namely 1,549 cannabis plants; and

4. That at the same time and place he supplied a prohibited drug, namely 8.14 kilograms of cannabis.

2 The offender was arrested on 13 February 2009 and was refused bail. At the earliest opportunity he pleaded guilty in the Local Court to the two drug offences. He was charged with the murder of Jethro Matheson and was in due course committed to this Court…

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 Barry Ronald Grant

Details

AGLC: R v Barry Ronald Grant [2010] NSWSC 1048
Case: [2010] NSWSC 1048
Decision Date: 15 September 2010

CaseChat Overview and Summary

The case of R v Barry Ronald Grant involved the defendant being sentenced for multiple serious offences, including the unlawful killing of Jethro Matheson, the unlawful disposal of Matheson's body, cultivating a large commercial quantity of cannabis plants, and supplying cannabis. The case was heard in the Supreme Court of New South Wales. The legal issues included determining the appropriate sentences for each offence, taking into account the nature and circumstances of the crimes, the defendant's culpability, and any mitigating factors.

The court considered the defendant's actions in cultivating cannabis and his use of excessive force in response to perceived threats, which led to the manslaughter of Matheson. The court also examined the defendant's attempts to evade justice by disposing of evidence, including the body of the deceased and his firearm. In sentencing, the court acknowledged the defendant's guilty pleas and his early surrender to police but noted his reluctance to fully acknowledge his criminal conduct and his systematic involvement in drug production and supply. The court imposed separate sentences for each offence, with significant consideration given to the need for deterrence and protection of the community. The sentences were structured to ensure that the non-parole periods reflected the seriousness of the offences, while also considering the defendant's potential for rehabilitation.

Orders