R v Baxendale

Case [2018] ACTSC 260


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
Fusimaolhi v The Queen [2012] ACTCA 49
Hili v The Queen [2010] HCA 45; 242 CLR 520
Imbornone v R [2017] NSWCCA 144
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen
(1988) 166 CLR 59
Monfries v The Queen [2014] ACTCA 6
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Mun v R [2015] NSWCCA 234
R v Edigarov [2001] NSWCCA 426
R v HC [2018] ACTSC 49
R v Keyes [2016] ACTSC 387
R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566
R v Meyboom [2012] ACTCA 48
R v MMK [2006] NSWCCA 272; 164 A Crim R 481
R v Mumberson [2011] NSWCCA 54
Veen v The Queen (No 2) (1988) 164 CLR 465
Xiao v R [2018] NSWCCA 4

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

  1. 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.

  1. 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

  1. 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.

  1. The offender lived with the victim at an address in Ngunnawal. The offender and the victim were in an intimate relationship. Their relationship was…

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AGLC
R v Baxendale [2018] ACTSC 260
Case
[2018] ACTSC 260
Decision Date

CaseChat Overview and Summary

In the matter of R v Baxendale, the defendant faced charges related to various acts of domestic violence against his partner, including assault occasioning actual bodily harm, grievous bodily harm, and common assault. The case was heard in a court of criminal jurisdiction, where the defendant entered pleas of guilty to all charges. The central issue before the court was the determination of an appropriate sentence, taking into account the nature and circumstances of the offences, the defendant's expression of remorse, and the potential impact on the victim and her family. The court had to balance these factors against the need to deter such behaviour and uphold the principles of justice.

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

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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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