Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Beattie (No 4) [2015] NSWSC 961 Hearing dates: 13 June 2015 Decision date: 17 July 2015 Jurisdiction: Common Law - Criminal Before: Button J Decision: Convicted of the offences of hindering police, recklessly damaging property, and assaulting a police officer in the execution of his duty. With regard to each offence, I impose a fixed term of imprisonment for 9 months that commences on 7 July 2013, and that expires on 6 April 2014.
Convicted of the offence of murder. I impose a non-parole period of 15 years, to date from 7 July 2013. That will be followed by a parole period of 5 years, to commence on 6 July 2028 and to expire on 6 July 2033. The first date upon which you will be eligible for parole is 6 July 2028.Catchwords: CRIMINAL LAW – remarks on sentence – offender found guilty of murder by jury – plea of guilty to manslaughter – offender intended to inflict really serious injury to deceased – offender had previous criminal conviction for violence – established problem with prohibited drugs – intoxication – offences dealt with by way of s 166 certificate Legislation Cited: Crimes Act 1900 (NSW), s 546C
Crimes (High Risk Offenders) Act 2006 (NSW), s 25C
Criminal Procedure Act 1986 (NSW), ss 166, 268, Sch 1
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 21(5AA), 22A, 28(4), 45Cases Cited: R v Doan [2000] NSWCCA 317; (2000) 50 NSWLR 115
R v Oinonen [1999] NSWCCA 310
R v Previtera (1997) 94 A Crim R 76.Category: Sentence Parties: Regina
Matthew BeattieRepresentation: Counsel:
Solicitors:
M Barr (Crown)
J Trevallion (Offender)
Office of the Director of Public Prosecutions (Crown)
Robert Kaufmann Criminal Lawyer (Offender)
File Number(s): 2013/205981
Judgment
Introduction
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On 4 March 2015, Matthew Beattie (the offender) was arraigned on an indictment before a jury panel and me. It contained a single count alleging that on 7 July 2013 at Corlette he murdered Dennis O’Brien (the deceased). In fact, the fatal assault had taken place on 30 June 2013, but the deceased had passed away some days later. The offender pleaded not guilty to murder but guilty of manslaughter. That plea was not accepted by the Crown, and a trial proceeded before a jury of 12 and me.
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At an early stage of the trial, it became clear that the only real issue was whether the Crown could prove beyond reasonable doubt that the offender intended to inflict grievous bodily harm upon the deceased, in light of his intoxication by way of alcohol, prohibited drugs, and prescribed drugs. On 19 March 2015, the jury determined that issue in favour of the Crown by returning a verdict of guilty of murder.
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On 12 June 2015, I received evidence on sentence, including two victim impact statements, and helpful oral and written submissions from each counsel.
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On the same day, three offences were placed before me by way of a…
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- AGLC
- R v Beattie (No 4) [2015] NSWSC 961
- Case
- [2015] NSWSC 961
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles relevant to the circumstances of the case. It was established that the appellant had a violent history, was intoxicated at the time of the offence, and had a drug problem. The court found that the trial judge had given appropriate consideration to these factors, as well as to the appellant's guilty plea and remorse. The court held that the sentence imposed was not manifestly excessive and affirmed the sentence imposed by the trial judge.
The court noted that the appellant had a history of violence and drug abuse, and that these factors were properly taken into account by the trial judge. The court also found that the trial judge had appropriately considered the appellant's guilty plea and remorse. The court held that the sentence imposed was not manifestly excessive and was within the range of sentences that could be imposed for the offence of manslaughter. The appeal against sentence was dismissed.
Orders
Orders of the court
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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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