District Court
New South Wales
Medium Neutral Citation: R v BEATTIE [2025] NSWDC 131 Hearing dates: 16 April 2025 Date of orders: 16 April 2025 Decision date: 16 April 2025 Jurisdiction: Criminal Before: Everson SC DCJ Decision: 1. I impose an aggregate sentence of imprisonment of 7 years that is backdated to commence on 27 June 2022 and expire on 26 June 2029.
2. I fix a non-parole period of 3 years and 6 months. No lesser sentence would reflect the seriousness of the offending. Eligibility for release to parole arises on 26 December 2025
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: Bugmy v The Queen [2013] 249 CLR 571
Category: Sentence Parties: Rex
Thomas BeattieRepresentation: Crown: Ms C Hurford, instructed by the Solicitor for Public Prosecutions (NSW)
Accused: Ms T Hennessy, instructed by Legal Aid Commission, NSW
File Number(s): 2022/00184103
JUDGMENT
Introduction
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The offender BEATTIE is before the court to be sentenced for five principal offences, each contrary to a provision of the Crimes Act 1900 (NSW), with three additional offences to be taken into account when sentencing him for two of those principal offences, as follows:
Wounding Brendan Cook with intent to cause grievous bodily harm on 21 June 2022 at Cambridge Park, as pleaded in Count 2 of the indictment presented on 2 December 2024. The maximum penalty for this offence imprisonment for 25 years and a standard non-parole period of 7 years is prescribed.
The aggravated assault of Daniel BUSS with intent to unlawfully take a motor vehicle on 26 June 2022 at Doyalson, as pleaded in charge sequence 5 of Court Attendance Notice ("CAN") H89192146. For that offence the maximum penalty is imprisonment for 14 years and a standard non-parole period of 5 years is prescribed.
An additional offence of stealing property, as pleaded in charge sequence 1 of the same CAN, is to be taken into account when sentencing the offender for this principal offence charged in sequence 5. The maximum penalty for stealing is imprisonment for 5 years.
Assault occasioning actual bodily harm to Muhammad TALLAT on 27 June 2022 at Lisarow, as pleaded in charge sequence 3 of CAN H1117311690. The maximum penalty for this aggravated assault offence is imprisonment for 5 years.
Demanding property from Muhammad TALLAT with menaces on 27 June 2022 at Lisarow, as pleaded in charge sequence 6 of CAN H1117311690.
Two additional offences, namely stealing property and intentionally damaging property, as respectively pleaded in charge sequences 5 and 7 of the same CAN, are to be taken into account when sentencing the offender for the demanding property with menaces, charged in sequence 6. The maximum penalty for both stealing and criminal damage is imprisonment for 5 years.
The related offence of taking and…
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- AGLC
- R v Beattie [2025] NSWDC 131
- Case
- [2025] NSWDC 131
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed by the trial judge was manifestly excessive and whether the non-parole period should be reduced. The appellant contended that the sentence was disproportionately severe given the circumstances of the offence and his background. The court had to consider the principles of sentencing and the objectives of sentencing as per the Sentencing Act 1991, including the need for denunciation and deterrence, as well as the protection of society.
The court found that the trial judge had considered the relevant factors and had exercised his discretion appropriately. The court held that the sentence was not manifestly excessive and that the non-parole period was appropriately set. The appeal was dismissed, and the original sentence and non-parole period were upheld. The court emphasised the seriousness of the offending, the harm caused to the victims, and the need to uphold public confidence in the criminal justice system.
Orders
Orders of the court
1. I impose an aggregate sentence of imprisonment of 7 years that is backdated to commence on 27 June 2022 and expire on 26 June 2029.
2. I fix a non-parole period of 3 years and 6 months. No lesser sentence would reflect the seriousness of the offending. Eligibility for release to parole arises on 26 December 2025
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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