SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Beniamini (No 2) |
Citation: | [2017] ACTSC 32 |
Hearing Date: | 9 March 2016 |
DecisionDate: | 23 February 2017 |
Before: | Refshauge J |
Decision: | 1. The Good Behaviour Order made on 22 January 2014 be cancelled. 2. Adam Beniamini be sentenced to seven months imprisonment to commence on 15 December 2016, being the suspended portion of the sentence and cumulative as to four months on the sentences imposed by the Chief Magistrate. 3. Adam Beniamini be convicted of common assault committed on 31 December 2014. 4. Adam Beniamini be sentenced to six months imprisonment to commence on 15 May 2017, cumulative as to four months on the imposed suspended sentence. 5. Adam Beniamini be convicted of the further common assault on 31 December 2014. 6. Adam Beniamini be sentenced to six months imprisonment to commence on 15 August 2017, cumulative as to three months on the sentence for the earlier common assault. 7. Adam Beniamini be convicted of the further common assault on 31 December 2014. 8. Adam Beniamini be sentenced to four months imprisonment to commence on 15 December 2017, cumulative as to two months on the sentence for the preceding common assault. 9. Adam Beniamini be convicted of escaping from lawful custody on 4 January 2015. 10. Adam Beniamini be sentenced to four months imprisonment to commence on 15 April 2018, cumulative as to two months on the sentence for the preceding common assault. 11. Adam Beniamini be convicted of recklessly inflicting grievous bodily harm on 14 June 2014. 12. Adam Beniamini be sentenced to two years imprisonment to commence on 15 February 2018, cumulative as to 18 months on the sentence for escaping from lawful custody. 13. That is a sentence of three years and two months. Together with the sentences imposed by the Chief Magistrate, that is a total sentence of four years and eight months. 14. A non parole period of two years be set to commence on 15 June 2015 and end on 14 June 2017. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing –sentenced for several offences – recklessly inflicting grievous bodily harm – common assault – domestic violence – multiple breaches of Good Behaviour Orders – significant criminal history – escalation of violent offending – general deterrence – specific deterrence – suspended sentence imposed – totality |
Legislation Cited: | Crimes Act 1900 (ACT), s 20 Crimes (Sentencing) Act 2005 (ACT), ss 7, 11, 33 |
Cases Cited: | Beniamini v Craig [2017] ACTSC 30 |
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- AGLC
- R v Beniamini (No 2) [2017] ACTSC 32
- Case
- [2017] ACTSC 32
- Decision Date
CaseChat Overview and Summary
The primary legal issues involved in this case were the appropriate level of punishment for the defendant's escalating pattern of violent offending and the calculation of a sentence that reflected the totality of his criminal conduct. The court had to balance the need for general deterrence with the aim of specific deterrence, given the defendant's extensive criminal history and repeated breaches of Good Behaviour Orders. Additionally, the court had to ensure that the sentences imposed were cumulative and did not unduly overlap, while also considering the suspended sentence previously imposed by the Chief Magistrate.
The Supreme Court of Queensland, in its judgment, found that the defendant's criminal history and the nature of his offences warranted a significant custodial sentence. The court cancelled the existing Good Behaviour Order and imposed a total sentence of four years and eight months, consisting of various periods of imprisonment for each offence. The sentences were structured to be cumulative and to commence on specific dates, ensuring that the defendant would serve a total of three years and two months in addition to the previously imposed sentences. The court also set a non-parole period of two years to commence on a specified date, reflecting the seriousness of the defendant's offending.
The final orders included the cancellation of the existing Good Behaviour Order, conviction for all the charged offences, and a series of cumulative prison sentences. The court's decision emphasised the importance of addressing the defendant's repeated breaches of the law and the need for specific deterrence to prevent further offending.
Orders
Orders of the court
1. The Good Behaviour Order made on 22 January 2014 be cancelled.
2. Adam Beniamini be sentenced to seven months imprisonment to commence on 15 December 2016, being the suspended portion of the sentence and cumulative as to four months on the sentences imposed by the Chief Magistrate.
3. Adam Beniamini be convicted of common assault committed on 31 December 2014.
4. Adam Beniamini be sentenced to six months imprisonment to commence on 15 May 2017, cumulative as to four months on the imposed suspended sentence.
5. Adam Beniamini be convicted of the further common assault on 31 December 2014.
6. Adam Beniamini be sentenced to six months imprisonment to commence on 15 August 2017, cumulative as to three months on the sentence for the earlier common assault.
7. Adam Beniamini be convicted of the further common assault on 31 December 2014.
8. Adam Beniamini be sentenced to four months imprisonment to commence on 15 December 2017, cumulative as to two months on the sentence for the preceding common assault.
9. Adam Beniamini be convicted of escaping from lawful custody on 4 January 2015.
10. Adam Beniamini be sentenced to four months imprisonment to commence on 15 April 2018, cumulative as to two months on the sentence for the preceding common assault.
11. Adam Beniamini be convicted of recklessly inflicting grievous bodily harm on 14 June 2014.
12. Adam Beniamini be sentenced to two years imprisonment to commence on 15 February 2018, cumulative as to 18 months on the sentence for escaping from lawful custody.
13. That is a sentence of three years and two months. Together with the sentences imposed by the Chief Magistrate, that is a total sentence of four years and eight months.
14. A non parole period of two years be set to commence on 15 June 2015 and end on 14 June 2017.
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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