District Court
New South Wales
Medium Neutral Citation: R v Beckett [2020] NSWDC 212 Hearing dates: 19 March 2020 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of 6 years, 8 months with a non-parole period of 4 years, 2 months: at [37].
Catchwords: SENTENCING — Penalties — Imprisonmen
SENTENCING — Aggravating factors — Use of weapon — Record of previous convictions — Home of victim or any other person — Substantial harm, injury, loss or damage — Series of criminal acts — Limited planning
SENTENCING — Relevant factors on sentence — Deterrence — Factual basis for sentence — Establishing relevant matters — General principles — — Objective seriousness
SENTENCING — Subjective considerations on sentence — Drug addiction —Mental illness —Special circumstancesLegislation Cited: Crimes Act 1990
Crimes (Sentencing Procedure) Act 1999Cases Cited: Adams v The Queen [2011] NSWCCA 47
Bugmy v The Queen (2013) 249 CLR 571
Duncombe v R [2013] NSWCCA 271,
Imbornone v R [2017] NSWCCA 144
Peters v R [2014] NSWCCA 49
R v AB [2017] NSWCCA 88,
R v Qutami (2001) 127 A Crim R 369
R v Shankley [2003] NSWCCA 253
Wainwright v R [2016] NSWCCA 19Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Anthony Beckett (Offender)Representation: Mr J Mehta (Crown)
Mr J Leaver (Counsel for the offender)
File Number(s): 2018/290273
Judgment
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On 12 September 2018, Anthony Beckett who was then 41 years of age, was released from custody having served sentence. On 18 September 2018 he was involved in a violent assault which led to him being found guilty by a jury after a trial in December 2019 of one count under s 33(1)(b) of the Crimes Act 1990, of causing grievous bodily harm with intent. The offence carries a maximum penalty of 25 years imprisonment with a standard non-parole period of seven years.
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He has been in custody since 21 September 2018 when he was arrested. It is common ground that a term of full time custody is required and it is unnecessary for me to consider any alternatives.
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I have to carry out the sentencing process in accordance with the principles set out in s 3A of the Crimes (Sentencing Procedure) Act 1999 and have regard to the maximum penalty and the standard non-parole period as yardsticks in the sentencing process.
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The trial was conducted efficiently, and a number of facts which may have been controversial were agreed. In my view a discount of 5% for the value of that cooperation should be reflected in the imposition of the ultimate sentence.
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The offending is summarised in the Crown Case Statement which the parties agree is largely an appropriate basis for findings of fact following the jury’s verdict.
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The victim, 52 year old John Doyle, was staying at a unit occupied by his friend Alan Shepherd in Surry Hills in a housing commission unit complex called the Northcott Flats. In the…
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- AGLC
- R v Beckett [2020] NSWDC 212
- Case
- [2020] NSWDC 212
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the determination of an appropriate sentence for the appellant, considering the objective seriousness of the crimes, the presence of aggravating factors such as the use of a weapon and the appellant’s criminal history, and the relevant subjective considerations such as his drug addiction and mental health issues. The court was required to weigh these factors against the principles of deterrence and the need to establish a factual basis for the sentence that accurately reflects the harm caused and the appellant's circumstances.
The court's reasoning focused on the substantial harm caused to the victims and the limited planning involved in the series of offences, which indicated a pattern of criminal behaviour. It also took into account the appellant’s history of drug addiction and mental illness, which, while not excusing his conduct, provided context for his actions. Ultimately, the court concluded that the sentence imposed by the lower court was appropriate, reflecting both the need for general deterrence and the unique personal circumstances of the appellant. The court confirmed the sentence of imprisonment, setting a term of six years and eight months with a non-parole period of four years and two months.
The court’s final orders affirmed the sentence imposed by the lower court, recognising the balance struck between the need to protect the community and the appellant’s personal circumstances. This decision underscores the importance of considering both objective and subjective factors in sentencing, ensuring that the punishment is proportionate to the crime while also addressing the broader context of the offender's life.
Orders
Orders of the court
A term of imprisonment of 6 years, 8 months with a non-parole period of 4 years, 2 months: at [37].
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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