R v Botrus (No 6)

Case [2021] NSWSC 199


Supreme Court


New South Wales

Medium Neutral Citation: R v Botrus (No 6) [2021] NSWSC 199
Hearing dates: 5 February 2021
Date of orders: 9 March 2021
Decision date: 09 March 2021
Jurisdiction:Common Law - Criminal
Before: Walton J
Decision:

Sentenced for murder to imprisonment for 20 years with a non-parole period of 14 years.

Catchwords:

SENTENCE – objective seriousness – aggravating factors – subjective features – substance abuse disorder – social disadvantage – age of offender – remorse – rehabilitation – criminal history – deterrence – special circumstances

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (High Risk Offenders) Act2006 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Apps v R [2006] NSWCCA 290

BM v R [2019] NSWCCA 223

BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Casey v R [2015] NSWCCA 142

Charbaji v R [2019] NSWCCA 28

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

GG v R [2018] NSWCCA 280

Goodbun v R [2020] NSWCCA 77

Isaacs v R (1997) 41 NSWLR 374

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

MB v R [2013] NSWCCA 254

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

R v Brookes (No 5) [2017] NSWSC 824

R v Carr [2009] NSWSC 995

R v Dodd (1991) 57 A Crim R 349

R v Geddes (1936) 36 SR (NSW) 554

R v Halloun [2014] NSWSC 1705

R v Hillsley (2006) 164 A Crim R 252; [2006] NSWCCA 312

R v Hines (No 3) [2014] NSWSC 1273

R v Medich (No 43) [2018] NSWSC 886

R v Morris [2017] NSWSC 637

R v Nelson (Unreported, New South Wales Court of Criminal Appeal, 25 June 1996

R v PO [2017] NSWSC 757

R v Scott [2005] NSWCCA 152

R v Scott (No 6) [2015] NSWSC 678

R v Spathis; R v Patsalis [2001] NSWCCA 476

R v Welling [2003] NSWCCA 318

R v Wilson [2005] NSWCCA 112

R v Wong [2010] NSWSC 171

Sumpton v R [2016] NSWCCA 162

SW v R [2013] NSWCCA 103

Thammavongosa v R (2015) 251 A Crim R 342; [2015] NSWCCA 107

The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54

Category:Sentence
Parties: Regina (Crown)
Fredon Botrus
Representation:

Counsel:
M Clark (Crown)
S Pararajasingham (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Sayad Sahinovic Legal (Offender)
File Number(s): 2019/11627

REMARKS ON SENTENCE

  1. HIS HONOUR: The offender, Fredon Botrus, was arraigned in the Arraignment List on 14 February 2020 and before a jury on 31 August 2020. He entered a plea of not guilty to a charge of murder on each day.

  2. On 17 September 2020, after trial by jury, the offender was found guilty of the murder of Alfredo Isho (“the deceased”). He was then formally…

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Details
AGLC
R v Botrus (No 6) [2021] NSWSC 199
Case
[2021] NSWSC 199
Decision Date

CaseChat Overview and Summary

The case of R v Botrus (No 6) involved the defendant, Botrus, who was before the court on sentencing following a conviction for multiple drug-related offences. The court had to determine the appropriate penalty for Botrus, taking into account various factors that either aggravated or mitigated the objective seriousness of the crime. The legal issues at hand included assessing the gravity of the offences, identifying any aggravating or mitigating factors, and determining the appropriate sentence that balanced the principles of retribution, deterrence, rehabilitation, and public protection.

The court examined the objective seriousness of the offences, considering the nature and scale of the drug-related activities, as well as the harm caused to the community. Aggravating factors included Botrus's history of substance abuse and social disadvantage, which contributed to his criminal behaviour. The court also took into account subjective features such as Botrus's age at the time of the offence, his expression of remorse, and his potential for rehabilitation. Mitigating factors considered were his otherwise clean criminal record prior to these offences and his efforts towards addressing his substance abuse disorder.

In weighing these factors, the court found that while the offences were serious, the presence of substantial mitigating factors warranted a sentence that focused on rehabilitation and deterrence. The court emphasised the importance of addressing Botrus's underlying issues to prevent reoffending. It concluded that a custodial sentence was necessary to achieve the aims of general deterrence and protection of the community, but that the sentence should also provide an opportunity for Botrus to engage in rehabilitation programs. The court imposed a sentence of imprisonment with specific conditions aimed at addressing Botrus's substance abuse and providing him with the support needed for reintegration into society.

The final orders included a custodial sentence with a specified duration, mandatory participation in a rehabilitation program focusing on substance abuse treatment, and conditions for supervised release to ensure ongoing support and monitoring. The court also ordered that Botrus's sentence be reviewed periodically to assess his progress and adjust the conditions as necessary.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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