R v Beaver - [2019] NSWDC 215

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Beaver [2019] NSWDC 215
Hearing dates: 16 April 2019
Date of orders: 16 April 2019
Decision date: 16 April 2019
Jurisdiction: Criminal
Before: Hunt DCJ
Decision:
The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non parole period of 4 years
For the matter on the s166 certificate of contravene ADVO the offender is sentenced to a fixed term of imprisonment for a period of 12 months which is wholly concurrent with the aggregate sentence.
Catchwords: CRIMINAL LAW – Sentence – Form 1 – S 166 certificate – Offender on parole at time of offending – Breach of ADVO – Assault occasioning actual bodily harm – Common assault - Armed with intent to commit an indictable offence - Intimidation - Victim in fear – Do act to influence a witness – Escape police custody
Legislation Cited: Crimes Act
Crimes (Domestic and Personal Violence) Act
Crimes (Sentencing Procedure) Act.
Criminal Procedure Act.
Cases Cited: Cross v R [2016] NSWCCA 214
Evans v R [2017] NSWCCA 281
R v Burton [2008] NSWCCA 128
R v Callaghan [2006] NSWCCA 58
R v De Simoni (1981) 147 CLR 383
R v Hamid [2006] NSWCCA 302; (2006) A Crim R 179
Category: Sentence
Parties: The Crown
Jonathan Edward Beaver
Representation: Solicitors:
Director of Public Prosecutions – Crown
Ryan and Payten Criminal Law Specialists

File Number(s): 2017/299725; 2017/302033; 2017/320809; 2017/33651

SENTENCE

HIS HONOUR: Jonathan Edward Beaver is before the Court to be dealt with in relation to nine offences. Seven are discrete counts with one further matter to be taken into account on a Form 1 attaching to one of the principal counts and a further matter to be dealt with at the conclusion of the proceedings because it is before the Court as a related matter on a certificate to s 166 of the Criminal Procedure Act. These reasons for sentence are delivered extempore in circumstances where I considered all of the written and oral evidence and written and oral submissions of the parties today at Campbelltown District Court.
The offences that Mr Beaver is before the Court for sentence on include one offence in breach of s 61 of the Crimes Act for which is provided a maximum penalty of two years imprisonment and no standard non-parole period has application. Three offences in breach of s 59 of the Crimes Act, in other words assaults occasioning actual bodily harm, for which maximum penalties of five years is provided in each instance and no standard non-parole period has application. One offence of intimidate in breach of s 13 of the Crimes (Domestic and Personal Violence) Act for which a maximum penalty of five years is provided and there is no standard non-parole period. One count of being armed with intent to commit an indictable offence, the indictable offence being intimidation in breach of s 114(1)(a) of the Crimes Act for which…

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 Beaver

Details

AGLC: R v Beaver [2019] NSWDC 215
Case: [2019] NSWDC 215
Decision Date: 16 April 2019

CaseChat Overview and Summary

In the matter of R v Beaver, the defendant stood accused of a series of serious offences, including breaching an Apprehended Domestic Violence Order (ADVO), assaulting occasioning actual bodily harm, common assault, being armed with intent to commit an indictable offence, intimidation, doing an act to influence a witness, and escaping police custody. The case was heard in the relevant court, which was required to determine the appropriate sentence for the defendant’s multiple criminal activities.

The primary legal issues before the court were the appropriate sentencing principles to apply in light of the defendant's history of reoffending, particularly while on parole, and the cumulative effect of the various charges. The court needed to balance the need for punishment, deterrence, and rehabilitation, taking into account the defendant’s repeated breaches of the law and the seriousness of the offences. The court also had to consider the implications of the defendant's actions on the victims and the community.

The court found that the defendant’s criminal conduct, particularly while on parole, demonstrated a pattern of reoffending and a disregard for the law and for the safety of others. Despite the defendant’s prior opportunities for rehabilitation, the repeated breaches of parole and new offences indicated a need for significant punishment and deterrence. The court emphasised the importance of protecting the community and ensuring that the defendant’s actions do not go unpunished. After weighing these factors, the court sentenced the defendant to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years. Additionally, for the contravention of the ADVO, the defendant was sentenced to a fixed term of imprisonment for 12 months, which was to run concurrently with the aggregate sentence.

Orders

Orders of the court

The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non parole period of 4 years

For the matter on the s166 certificate of contravene ADVO the offender is sentenced to a fixed term of imprisonment for a period of 12 months which is wholly concurrent with the aggregate sentence.

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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Medium Neutral Citation:	R v Beaver [2019] NSWDC 215
Hearing dates:	16 April 2019
Date of orders:	16 April 2019
Decision date:	16 April 2019
Jurisdiction:	Criminal
Before:	Hunt DCJ
Decision:	The offender is sentenced to an aggregate term of imprisonment for a period of 7 years with a non parole period of 4 years For the matter on the s166 certificate of contravene ADVO the offender is sentenced to a fixed term of imprisonment for a period of 12 months which is wholly concurrent with the aggregate sentence.
Catchwords:	CRIMINAL LAW – Sentence – Form 1 – S 166 certificate – Offender on parole at time of offending – Breach of ADVO – Assault occasioning actual bodily harm – Common assault - Armed with intent to commit an indictable offence - Intimidation - Victim in fear – Do act to influence a witness – Escape police custody
Legislation Cited:	Crimes Act Crimes (Domestic and Personal Violence) Act Crimes (Sentencing Procedure) Act. Criminal Procedure Act.
Cases Cited:	Cross v R [2016] NSWCCA 214 Evans v R [2017] NSWCCA 281 R v Burton [2008] NSWCCA 128 R v Callaghan [2006] NSWCCA 58 R v De Simoni (1981) 147 CLR 383 R v Hamid [2006] NSWCCA 302; (2006) A Crim R 179
Category:	Sentence
Parties:	The Crown Jonathan Edward Beaver
Representation:	Solicitors: Director of Public Prosecutions – Crown Ryan and Payten Criminal Law Specialists
File Number(s):	2017/299725; 2017/302033; 2017/320809; 2017/33651