R v Boney
[2001] VSC 307
•21 August 2001
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1463 of 2001
| THE QUEEN |
| v |
| ADRIAN ALFRED BONEY |
---
JUDGE: | Teague J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 August 2001 | |
DATE OF SENTENCE: | 21 August 2001 | |
CASE MAY BE CITED AS: | R. v. Adrian Alfred Boney | |
MEDIUM NEUTRAL CITATION: | [2001] VSC 307 | |
---
Criminal Law – Sentence – Intentionally causing serious injury and other counts – Stabbings in homosexual relationship – Sentence of 2 years and 1 month with a non-parole period of 10 months.
---
APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Mr. W. Morgan-Payler Q.C. | Office of Public Prosecutions |
| For the Accused | Mr. Shwartz | Victorian Aboriginal Legal Service |
HIS HONOUR:
Adrian Alfred Boney, you have pleaded guilty to three counts: Count 1 is of recklessly causing injury to Gary Holden on 4 November 1998; Count 2 is of assaulting William McGrath on 4 November 1998; Count 3 is of intentionally causing serious injury to Gary Holden on 28 October 2000.
4 November 1998 was Melbourne Cup Day. At that time you had been in a relationship with Gary Holden for about a year. On that day the two of you had been drinking wine. You were sharing a room at the Gatwick Hotel. He did something that annoyed you. You picked up a blade from an electric carving knife. You struck him with it, hitting him in the chest near his upper arm. He held your hand to prevent your striking again. You bit him on the arm. He called for assistance.
William McGrath, another resident of the hotel, tried to get you and Gary Holden apart. You bit William McGrath on the hand as he did so.
The injuries suffered by Gary Holden and William McGrath were relatively minor. Indeed, no charges were laid as to the events of 4 November 1998 until after the events of 28 October 2000.
The later events were quite similar to the earlier ones. You and Gary Holden were again back at the Gatwick Hotel. Again, the two of you had been drinking wine. He told you to leave him. He did so in a way that you found upsetting. You took up a kitchen steak knife and stabbed him in the chest with it. On this occasion the wound was much more serious. Indeed, it was potentially fatal.
The more serious adverse effects of your actions on the second occasion have been brought home to me through the victim impact statement of Gary Holden.
Using any kind of knife to show displeasure is unacceptable. As to the second occasion, only a significant term of imprisonment can be appropriate. I say that given your then state of mind, the seriousness of the consequences, and the circumstance that it was the second time you had resorted to the use of a knife to injure the same victim.
I turn from the offences to you as an individual. You were born in February 1977 in Armidale in Northern New South Wales. Although born into a large aboriginal family, you were not raised with other family members but by an older aboriginal couple.
Your childhood was marked by episodes of physical and sexual abuse. Left somewhat rudderless, you turned to drink. You then left home and went to Brisbane. There you started the first of a number of homosexual relationships. At times there were periods when you had to resort to prostitution.
You have convictions leading to fines being imposed at times in the later 1990s. It is noteworthy that there were no offences of violence.
There were other times when the men with whom you mixed were able to develop your artistic skills in choreography.
In 1997 you met Gary Holden, with whom you maintained an on/off relationship until the events of 28 October 2000. When you met him you were only 20. He was 47 and had decided to leave his wife and family. It was scarcely likely to remain a stable and harmonious match given the difference in ages and backgrounds.
You found your attachment to Gary Holden gratifying but confusing. Given his greater maturity, he was able to manipulate you. He could excite you, but he could also frustrate you. Not all your time together was spent in Melbourne. But you were here for the two events that now see you in court.
In assessing what is an appropriate sentence, I have been assisted by the evidence of Mr Joblin, as well as by the matters put to me by counsel. I accept that you do have insight into your use of violence within the relationship with Gary Holden. It seems that you do have a reasonable IQ. On any view, there is a need for stability in your life.
You clearly have talent as an artist. The indications are that you also have talents in the field of choreography. The TAFE certificates suggest you are willing to educate yourself further.
A disposition to violence is not indicated by your convictions.
There are a number of mitigating factors that I can, and do, take into account. They include your youth, your disadvantaged background, your remorse, your cooperation with the police, your plea of guilty, and your good prospects of rehabilitation. Together, they do warrant a significant reduction in the sentence I impose.
I declare as to pre-sentence detention 298 days as at today, 21 August 2001. I direct that there be an entry in the court record accordingly.
I impose as to Count 1, one month imprisonment. I impose as to Count 2, one month imprisonment concurrent with Count 1. I impose as to Count 3, two years' imprisonment cumulative on Count 1.
The effective term is two years and one month. I set a non-parole period of 10 months.
---
0
0
0