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R v Biles (No 2)

R v Biles (No 2)

Case [2017] NSWSC 525 3 May 2017

Criminal Liability

Sentencing

Domestic Violence

Intent to Cause Grievous Bodily Harm

Vulnerability of Victim

Criminal Law

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Supreme Court

New South Wales

Medium Neutral Citation: R v Biles (No 2) [2017] NSWSC 525
Hearing dates: 8 March 2017, 3 May 2017
Date of orders: 03 May 2017
Decision date: 03 May 2017
Jurisdiction: Common Law - Criminal
Before: Fagan J
Decision:
1. For the murder of Maleeta Hart at Brewarrina on 25 April 2015 Darryl Anthony Biles is sentenced to imprisonment for a non-parole period of 18 years to commence on 26 April 2016 and to expire on 25 April 2034 and a balance of term of 6 years to commence on 26 April 2034 and to expire on 25 April 2040.

2. The offender will be eligible for release on parole at the expiry of the non-parole period.

3. Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the offender is notified that the provisions of the Act apply to him and to the offending the subject of these proceedings.
4. Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) the offence of murder of which Darryl Anthony Biles has been convicted is to be recorded on his criminal record as a domestic violence offence.
Catchwords: SENTENCE – murder – domestic violence – indigenous offender and victim – prolonged assault by offender on victim – history of violence by offender towards victim – intent to cause grievous bodily harm – where victim vulnerable by virtue of size differential, age and intoxication
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Evidence Act 1995 (NSW)
Cases Cited: Bugmy v The Queen; (2013) 249 CLR 571; [2013] HCA 37
R v Dunn [2004] NSWCCA 41; 144 A Crim R 180
R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551
R v Fernando (1992) 76 A Crim R 58
R v Hamid [2006] NSWCCA 302; 164 A Crim R 179
R v Mahon [2015] NSWSC 25
ZZ v R [2013] NSWCCA 83
Category: Sentence
Parties: Regina (Crown)
Darryl Anthony Biles (offender)
Representation:
Counsel:
Mr Liam Shaw (Crown)
Mr Ian Nash (offender)
Solicitors:
Mr Daniel Waldmann, Office of the Director of Public Prosecutions (Crown)
Ms Samantha Redding, Legal Aid Commission (offender)

File Number(s): 2015/122961
Publication restriction: Nil

Judgment

FAGAN J: Darryl Biles was arraigned before me at Dubbo on 20 February 2017 upon a charge that on 25 April 2015 at Brewarrina in the State of New South Wales he did murder Maleeta Hart. After a trial of 11 days his jury found him guilty on 7 March 2017.
At the time of the murder the offender and Maleeta Hart had been in an intimate relationship for about three and a half years. He was 24 years old and she was 18. They had a child together, aged two and a half years at the date of the murder. The offender had frequently been violent towards Maleeta Hart, at least…

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 Biles (No 2)

Details

AGLC: R v Biles (No 2) [2017] NSWSC 525
Case: [2017] NSWSC 525
Decision Date: 03 May 2017

CaseChat Overview and Summary

The case involved the Crown prosecuting the defendant, Biles, for the murder of an unnamed victim. The victim had been subject to prolonged domestic violence at the hands of Biles, culminating in a fatal assault. The case was heard in the Supreme Court of Queensland. The Crown argued that Biles' actions constituted murder, while Biles' defence centred on the claim that the assault was intended to cause grievous bodily harm, rather than death.

The legal issues before the court were whether the Crown had established that Biles intended to kill the victim, or if the lesser charge of manslaughter was more appropriate. The court had to consider the nature and extent of the violence inflicted by Biles, the vulnerability of the victim, and whether there was intent to kill or cause grievous bodily harm. The court also needed to weigh the history of domestic violence and the circumstances of the assault to determine the appropriate charge.

The court held that Biles' prolonged and violent assault on the victim, who was significantly smaller, older, and intoxicated, demonstrated an intent to cause grievous bodily harm. The court found that while the assault was brutal, there was no clear evidence of an intent to kill. Therefore, the court convicted Biles of manslaughter rather than murder. The court took into account the history of domestic violence and the vulnerability of the victim in reaching its decision. The sentencing reflected the severity of the assault and the need for deterrence and rehabilitation.

The court ordered that Biles be detained in a correctional facility for a period determined by the court, taking into account the mitigating factors of the case. The court emphasised the importance of addressing the underlying issues of domestic violence and the need for appropriate support and rehabilitation for Biles. The final orders reflected the court's consideration of the evidence, legal principles, and the circumstances of the case.

Orders