SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Baxendale |
Citation: | [2018] ACTSC 260 |
Hearing Date: | 29 August 2018 |
DecisionDate: | 14 September 2018 |
Before: | Loukas-Karlsson J |
Decision: | See [69]. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily – causing grievous bodily harm – common assault – domestic violence – please of guilty – remorse – hardship to family – no pre-sentence report available |
Legislation Cited: | Crimes Act 1900 (ACT) ss 24, 25, 26 Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33, 34 Supreme Court Act 1933 (ACT) s 63E |
Cases Cited: | Alvares v R; Farache v R [2011] NSWCCA 33; Butters v R [2010] NSWCCA 1 Zdravkovic v The Queen [2016] ACTCA 53 |
Parties: | The Queen (Crown) Samuel Baxendale (Offender) |
Representation: | Counsel Mr A Williamson (Crown) Mr J O’Keefe (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) John O’Keefe Law Firm (Offender) | |
File Numbers: | SCC 66 of 2018; 71 of 2018; 157 of 2018 |
LOUKAS-KARLSSON J
Introduction
On 20 August 2018, Samuel Baxendale (the offender) pleaded guilty to two offences. First, an offence of assault occasioning actual bodily harm contrary to section s 24 of the Crimes Act 1900 (ACT) (Crimes Act), which carries a maximum penalty of five years imprisonment. Second, an offence of causing grievous bodily harm contrary to s 25 of the Crimes Act, which also carries a maximum penalty of five years imprisonment.
In addition to these offences, the offender comes before me for sentencing in relation to four charges transferred to the Supreme Court from the Magistrates Court pursuant to s 68E of the Supreme Court Act 1933 (ACT). These charges were four charges of common assault contrary to s 26 of the Crimes Act, an offence which carries a maximum penalty of two years imprisonment.
Agreed Facts
The agreed facts are set out in the Statement of Facts, which forms part of Exhibit 1, being the Crown Tender Bundle. The facts in summary follow.
The offender lived with the victim at an address in Ngunnawal. The offender and the victim were in an intimate relationship. Their relationship was…
Continue reading R v Baxendale
Sign in free to access the full text
- AGLC
- R v Baxendale [2018] ACTSC 260
- Case
- [2018] ACTSC 260
- Decision Date
CaseChat Overview and Summary
The court considered the severity and frequency of the assaults, the defendant's lack of a prior criminal record, his expressed remorse, and the potential hardship to his family if he were to be imprisoned. Despite the absence of a pre-sentence report, the court acknowledged the seriousness of the offences and the need to address the underlying issues contributing to the defendant's violent behaviour. The court also noted the victim's trauma and the impact on her family, emphasising the importance of considering the broader consequences of the sentence.
After weighing all the relevant factors, the court determined that an appropriate sentence would be a combination of imprisonment and community service. The defendant was sentenced to a term of imprisonment with the possibility of early release subject to good behaviour, along with a requirement to undertake community service upon his release. This approach aimed to provide justice for the victim, address the defendant's behaviour, and consider the impact on his family. The court's decision reflected a balanced consideration of all the circumstances, aiming to achieve a just outcome that serves the interests of justice and the broader community.
Orders
Orders of the court
See [69].
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.