R v Bourne - [2015] ACTSC 181

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Bourne
Citation:	[2015] ACTSC 181
Hearing Date:	13 May 2015
DecisionDate:	27 May 2015
Before:	Penfold J
Decision:	See [60] to [64] below.
Category:	Sentence
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – offender sentenced for assault occasioning actual bodily harm – assault pre-meditated, and threatened for some time before offence committed – offender saw assault as required to save face in motorcycle club – absence of real remorse – significance of drug use and absence of commitment to drug rehabilitation – continued membership of motorcycle club increased risk of further offending – sentencing discount for late plea of guilty after negotiations.
Legislation Cited:	Crimes Act 1900 (ACT), s 24
Cases Cited:	Andrew Hutcheon v Timothy James West [2015] ACTSC 55 R v Donal Brian Murray [2012] ACTSC R v Jamie Douglas Davidson [2010] ACTSC, Nield AJ, 26 August 2010 R v JS [2013] ACTSC, Nield AJ, 24 July 2013 R v Matthew Delander [2010] ACTSC
Parties:	The Queen (Crown) Alex Bourne (Offender)
Representation:	Counsel Ms E Beljic (Crown) Mr R Thomas (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Paul Edmonds & Associates (Offender)
File Number:	SCC 69 of 2014

Introduction

Alex Bourne has pleaded guilty to one count of assault occasioning actual bodily harm, contrary to s 24 of the Crimes Act 1900 (ACT) and carrying a maximum penalty including imprisonment for five years.

The offence

The assault was committed on 16 January 2014. It is described in the agreed statement of facts generally to the following effect.

In about mid-2013 Mr Bourne and the victim, Mr Benjamin Jabs, began to associate. Mr Bourne was a member of the Rebels Motorcycle Club. Through him, the victim was introduced to other members of the Rebels Motorcycle Club, including Mr Michael Reece. The victim wished to become a member of the Rebels Motorcycle Club, so Mr Bourne put forward the victim as a nominee to the club. This meant that the victim would be in training to become a member of the Rebels Motorcycle Club.

On 2 October 2013 Mr Reece allowed the victim to borrow his black Harley Davidson motorcycle. The victim drove the motorcycle to Gungahlin shopping centre. Another car suddenly pulled out and the victim crashed the motorcycle, causing significant damage to it. The victim was told by Mr Reece that the repair for damage to the motorcycle would cost $16,000. However, the victim did not have employment and could not pay for the repair work to the motorcycle.

It seems that Mr Bourne felt that Benjamin Jabs had brought him into disrepute in the eyes of the Rebels Motorcycle Club. On 18 November 2013, in a phone call intercepted pursuant to a warrant, Mr Bourne said to Benjamin Jabs, “Well, you fucking crashed the bike, you fucking made me look bad to this fucking club”.

Over the course of the months between 2 October 2013 and 16 January 2014,…

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 Bourne

Details

AGLC: R v Bourne [2015] ACTSC 181
Case: [2015] ACTSC 181
Decision Date: 27 May 2015

CaseChat Overview and Summary

The case of R v Bourne involved an appellant, who was convicted of assault occasioning actual bodily harm. The incident was premeditated and had been threatened for some time prior to its commission. The appellant claimed that the assault was necessary to save face within his motorcycle club. The matter was heard in the relevant appellate court where the legal issues focused on the appropriate sentence to be imposed on the appellant.

The court was tasked with determining the appropriate sentence for the appellant, considering the premeditated nature of the assault, the appellant's lack of genuine remorse, his continued membership in the motorcycle club, and his limited commitment to drug rehabilitation. The court also had to weigh the discount for the appellant's late plea of guilty, which came after negotiations.

The court acknowledged the gravity of the offence and the appellant's lack of remorse. It noted the appellant's continued involvement in a motorcycle club, which increased the risk of reoffending. The court also considered the appellant's drug use and his limited commitment to drug rehabilitation. Despite the discount for the late plea of guilty, the court found that the overall circumstances warranted a custodial sentence. The court imposed a sentence that reflected the seriousness of the offence, the appellant's lack of remorse, and the need to protect the community. The final orders are detailed from [60] to [64] in the judgment.

Orders

Orders of the court

See [60] to [64] below.

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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