R v Beniamini (No 2)

Case [2017] ACTSC 32


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
Crimes (Sentence Administration) Act 2005 (ACT), s 110

Cases Cited:

Beniamini v Craig [2017] ACTSC 30
Beniamini v Storman [2014] ACTSC 2
Grimshaw v Mann [2013] ACTSC 189
Guy v Anderson [2013] ACTSC 5
Oliver (1982) 7 A Crim R 174
Reid v Beniamini (Unreported, Magistrates Court of the Australian Capital Territory, Chief Magistrate Walker, 25 November 2015)
R v Bartlett [2016] ACTSC 390
R v Beniamini (Unreported, Supreme Court of the Australian Capital Territory, Refshauge J, 9 December 2010)
R v Beniamini [2014] ACTSC…

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AGLC
R v Beniamini (No 2) [2017] ACTSC 32
Case
[2017] ACTSC 32
Decision Date

CaseChat Overview and Summary

In the matter of R v Beniamini, the defendant was subject to a series of criminal charges, including common assault, recklessly inflicting grievous bodily harm, and escaping from lawful custody. The case was heard by the Supreme Court of Queensland, where the defendant's prior criminal history, particularly in relation to domestic violence, was a significant factor in the sentencing considerations. The court was tasked with determining an appropriate sentence that would address the defendant's repeated offending behaviour and provide both general and specific deterrence.

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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