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R v Butters

R v Butters

Case [2019] ACTSC 143 7 June 2019

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Butters
Citation:	[2019] ACTSC 143
Hearing Dates:	1 February and 3 May 2019
DecisionDate:	7 June 2019
Before:	Loukas-Karlsson J
Decision:	See [131].
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – recklessly inflict grievous bodily harm – prospects of deportation – practicality of imposing an intensive corrections order – suspended sentence – good behaviour order
Legislation Cited:	Crimes Act 1900 (ACT) s 20 Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 11, 19, 33, 35, 134 Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing Procedure) ACT 1999 (NSW) s 22 Migration Act 1958 (Cth) ss 501(3A), 501CA Migration Amendment (Characters and General Visa Cancellation) Act 2014 (Cth)
Cases Cited:	AC v R [2016] NSWCCA 107 Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299 Cranfield v The Queen [2018] ACTCA 3 Da Costa Junior v The Queen [2016] VSCA 49; 258 A Crim R 60 Dauphin v The Queen [2002] WASCA 104 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 DPP (Cth) v Peng [2014] VSCA 128 Elliott v Harris (No 2) (1976) 13 SASR 516 Guden v The Queen [2010] VSCA 196; 28 VR 288 HAT v The Queen [2011] VSCA 427; 35 VR 109 Hickling v Western Australia [2016] WASCA 124; 260 A Crim R 33 Hili v The Queen [2010] HCA 45; 242 CLR 520 Hogan v Hinch [2011] HCA 4; 243 CLR 506 Islam v The Queen [2006] ACTCA 21 Kelly v Johnston [2012] ACTSC 178 Khanchitanonv The Queen [2014] NSWCCA 204 Konamala v The Queen [2016] VSCA 48 Kristensen v The Queen [2018] NSWCCA 189 MAC v Tasmania [2018] TASCCA 19 Magedi v The Queen [2019] VSCA 102 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80 Power v The Queen (1974) 131 CLR 623 Quzag v The Queen (No 4) [2016] ACTCA 27 R v Amosa [2015] ACTSC 34 R v Aniezue [2016] ACTSC 82 R v Arrowsmith [2018] SASCFC 47; 333 FLR 415 R v Bandy [2018] ACTSC 261 R v Bartlett [2016] ACTSC 390 R v Beniamini (No 2) [2017] ACTSC 32 R v Burgess [2017] ACTSC 249 R v Carmody (No 3) [2017] ACTSC 60 R v Chi Sun Tsui (1985) 1 NSWLR 308 R v Cranfield [2017] ACTSC 171 R v Daetz [2003] NSWCCA 216; 139 A Crim R 398 R v Dunn [2017] ACTSC 227 R v Gillan (1991) 54 A Crim R 475 R v H (1993) 66 A Crim R 50 R v Hidic [2017] ACTSC 307 R v Igwebuike [2017] ACTSC 323 R v Kamara [2016] ACTSC 294 R v Kepaoa [2017] ACTSC 414 R v Laipato (unreported Nield AJ, 16 September 2010) R v LT [2017] ACTSC 343 R v MAH [2005] NTCCA 17 R v McBride

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 Butters

Details

AGLC: R v Butters [2019] ACTSC 143
Case: [2019] ACTSC 143
Decision Date: 7 June 2019

CaseChat Overview and Summary

The case of R v Butters involved an individual, Mr. Butters, who was prosecuted for recklessly inflicting grievous bodily harm. The matter was heard in the Supreme Court. The primary issue before the court was whether to impose a sentence that would allow for the practicalities of deportation, considering the defendant’s non-citizen status and the potential for an intensive corrections order.

The court had to determine the appropriate sentence, weighing the nature of the offence against the defendant’s personal circumstances and the likelihood of deportation. In particular, the court examined whether an intensive corrections order was a viable option, considering the defendant’s non-citizen status and the practicality of enforcing such an order in the context of potential deportation. The court also considered the appropriateness of a suspended sentence and the imposition of a good behaviour order.

The court concluded that while an intensive corrections order was theoretically possible, the practicality of enforcing such an order in light of the defendant’s non-citizen status made this option unsuitable. Instead, the court opted for a suspended sentence coupled with a good behaviour order. This decision was based on the need to balance the defendant's culpability with the practical challenges of enforcing a sentence in the context of potential deportation.

The final orders included a suspended sentence and the imposition of a good behaviour order. These orders were designed to reflect the seriousness of the offence while considering the unique circumstances of the defendant, including his non-citizen status and the potential for deportation.

Orders

Orders of the court

See [131].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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Citations

R v Butters [2019] ACTSC 143

Most Recent Citation

R v Champness [2019] ACTSC 277

Cases Citing This Decision

Director of Public Prosecutions v Ziebell [2025] ACTSC 471
Citation 1 (Para 1)

…ctim: DPP v Crutchett [2023] ACTSC 193, R v Bandy [2018] ACTSC 261; R v Sharma [2016] ACTSC 180 ( Sharma ); R v Myles [2017] ACTSC 194; R v Butters [2019] ACTSC 143. The circumstances of the offending are also relevant: McCullough v The Queen [2009] NSWCCA 94; 194 A Crim R 439 at [37].…
Director of Public Prosecutions v Umunakwe (No 2) [2025] ACTSC 139
Citation 2

…R v Butters [2019] ACTSC 143…
Director of Public Prosecutions v Wickes [2023] ACTSC 296
Citation 3

…v The Queen [2011] HCA 39; 244 CLR 120 R v Bandy [2018] ACTSC 261 R v BC (No 4) [2021] ACTSC 119 R v BJW [2000] NSWCCA 60; 112 A Crim R 1 R v Butters [2019] ACTSC 143 R v EN [2020] ACTSC 302 R v Gordon [2022] ACTCA 48 R v Holliday [2015] ACTSC 222 R v Jamal [2008] NSWCCA 177; 72 NSWLR 258 R v Kamara [2016] ACTSC 29…
Director of Public Prosecutions v Paff [2023] ACTSC 259
Citation 4

…80 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Mun v The Queen [2015] NSWCCA 234 R v AEM [2002] NSWCCA 58 R v Bandy [2018] ACTSC 261 R v Butters [2019] ACTSC 143 R v Chapman [2018] ACTSC 57 R v Daniel (No 2) [2021] ACTSC 117 R v Elson [2020] ACTSC 264 R v Kilic [2016] HCA 48; 259 CLR 256 R v Lacey [2020] ACTSC…
Director of Public Prosecutions v Crutchett [2023] ACTSC 193
Citation 5 (Para 1)

…he nature of the grievous bodily harm to the victim: R v Bandy [2018] ACTSC 261; R v Sharma [2016] ACTSC 180; R v Myles [2017] ACTSC 194; R v Butters [2019] ACTSC 143 ( Butters ). The circumstances of the offending are also relevant: McCullough v The Queen [2009] NSWCCA 94; 194 A Crim R 439 at [37].…
The Queen v Ruwhiu [2023] ACTCA 18
Citation 6

…Paterson v The Queen [2021] NSWCCA 273 Power v The Queen (1974) 131 CLR 623 R v Abdi [2016] QCA 298 R v Atai (No 2) [2021] ACTSC 272 R v Butters [2019] ACTSC 143 R v Chifuntwe (No 3) [2017] ACTSC 220 R v Coleman [2021] ACTSC 349 R v GBD [2018] QCA 340…
R v Ruwhiu [2022] ACTSC 290
Citation 7 (Para 1)

…be deported is relevant to sentence has not been uniform. It appears from that decision, followed in this Territory in other decisions of R v Butters [2019] ACTSC 143 and R v Igwebuike [2017] ACTSC 323, though in the latter it was held not to actually have an effect on the sentence.…
R v Paredes Valdez [2022] ACTSC 126
Citation 8 (Para 1)

…dily harm to the victim: R v Bandy [2018] ACTSC 261; R v Sharma [2016] ACTSC 180 ( R v Sharma); R v Myles [2017] ACTSC 194 ( R v Myles) ; R v Butters [2019] ACTSC 143. The circumstances of the offending are also relevant: McCullough v The Queen (2009) 194 A Crim R 439 at [37].…
Louise Hawke v Thomas Smith (a pseudonym); Louise Hawke v Alexander Brown (a pseudonym); Louise Hawke v Montgomery White; Louise Hawke v Jaxson Kirkwood; Louise Hawke v Emmanuel Umunakwe; Louise Hawke v Samuel West.. [2021] ACTMC 13
Citation 9 (Para 1)

…In R v Butters [2019] ACTSC 143, Loukas-Karlsson J reviewed the authorities in respect to considering applying a more lenient sentence, having regard to the risk of an offender being deported. She observed:…
R v Saki [2020] ACTSC 270
Citation 10 (Para 1)

…visa cancellation decision, and counsel for the offender conceded as much. However, in the light of the legislation (referred to in R v Butters [2019] ACTSC 143 at [100]-[102]) deportation is not merely a speculative possibility. The actual prospects of deportation are, however, on the material before the court, no…
Ngata v The Queen [2020] ACTCA 18
Citation 11 (Para 1)

…sentencing judge had clearly considered Mr Hourigan’s report and made appropriate findings, applying the correct tests as enunciated in R v Butters [2019] ACTSC 143 ( Butters ) , on the evidence. The respondent submitted that the appellant in fact sought to have the Court of Appeal do what the sentencing judge had…
R v Ngata [2020] ACTSC 9
Citation 12 (Para 1)

…t to deportation to New Zealand at the conclusion of the whole or part of his sentence. Having regard to the review of the authorities in R v Butters [2019] ACTSC 143 ( Butters ) at [81]-[102], I proceed on the basis that it is open to take into account the prospect of deportation in sentencing but that a sentence…
R v Champness [2019] ACTSC 277
Citation 13

…[2018] NSWCCA 189 Leach v The Queen [2007] HCA 3; 230 CLR 1 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Aniezue [2016] ACTSC 82 R v Butters [2019] ACTSC 143 R v Conway [2017] ACTSC 275 R v Cowley [2017] ACTSC 213 R v De Simoni (1981) 147 CLR 383 R v Harrington [2016] ACTCA 10; 11 ACTLR 215 R v KB [2019] A…

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Cases Cited

Magedi v The Queen [2019] VSCA 102
Citation 1 (Para 1)

…d that deportation need not necessarily result and discretion remains with the Minister under this provision ( Arrowsmith at [38]; Magedi v The Queen [2019] VSCA 102 at [57]; Konamala v The Queen [2016] VSCA 48 at [35]).…
R v Bailey [2019] ACTSC 102
Citation 2 (Para 1)

…As I stated in R v Miller [2018] ACTSC 244, R v Bailey [2019] ACTSC 102 and Bandy , (referring to Veen v R (No 2) (1988) 164 CLR 465 at 476) the High Court has emphasised that the guideposts that are the purposes of sentencing sometimes point in different directions:…
R v Saran [2019] ACTSC 37
Citation 3 (Para 1)

…Counsel for the prosecution compared the instant case to R v Saran [2019] ACTSC 37 , where the prospect of deportation was considered a relevant consideration, submitting that “the prospect of deportation and positive evidence that deportation is imminent are two distinction considerations which cannot be conflate…
R v Woods; R v Mathews; R v Mathews [2019] ACTSC 33
Citation 4 (Para 1)

…( R v Gillan (1991) 54 A Crim R 475 at 480). It is not a “soft option” ( Dinsdale v The Queen [2000] HCA 54; 202 CLR 321; R v Woods; R v Matthews [2019] ACTSC 33). In my view it is a proper sentence for this offender and this offence taking into account all relevant matters discussed above.…
Xiao v R [2019] NSWCCA 4
Citation 5 (Para 1)

…999 (NSW). Section 22 is focused on the utilitarian value of pleas of guilty: see Toumo’ua at [41]-[48]; see also Xiao v The Queen [2018] NSWCCA 4; 96 NSWLR 1 in relation to the utilitarian value of pleas of guilty in Commonwealth matters.…
MAC v Tasmania [2018] TASCCA 19
Citation 6

…012] ACTSC 178 Khanchitanon v The Queen [2014] NSWCCA 204 Konamala v The Queen [2016] VSCA 48 Kristensen v The Queen [2018] NSWCCA 189 MAC v Tasmania [2018] TASCCA 19 Magedi v The Queen [2019] VSCA 102 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80 Power v The…
R v Williams [2018] ACTSC 354
Citation 7 (Para 1)

…Counsel for the offender also referred to a number of decisions where deportation was considered in sentencing (R v Williams [2018] ACTSC 354 ( Williams ); Oeti at [39] and [51]; Saran ; and HAT at [126]). It was accepted that while a sentence could not be crafted to avoid the migration legislation, it was submitte…
R v Bandy [2018] ACTSC 261
Citation 8 (Para 1)

…rst, the culpability of the offender’s conduct, and second, the relative seriousness of the grievous bodily harm sustained by the victim: R v Bandy [2018] ACTSC 261 ( Bandy ); R v Hidic [2017] ACTSC 307 ( Hidic ); R v Myles [2017] ACTSC 194 ( Myles ); R v Sharma [2016] ACTSC 180 ( Sharma ); R v Amosa [2015] ACTSC 3…
Kristensen v R [2018] NSWCCA 189
Citation 9

…006] ACTCA 21 Kelly v Johnston [2012] ACTSC 178 Khanchitanon v The Queen [2014] NSWCCA 204 Konamala v The Queen [2016] VSCA 48 Kristensen v The Queen [2018] NSWCCA 189 MAC v Tasmania [2018] TASCCA 19 Magedi v The Queen [2019] VSCA 102 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Monfries v The Queen [2014] ACTCA…
R v Miller [2018] ACTSC 244
Citation 10 (Para 1)

…As I stated in R v Miller [2018] ACTSC 244, R v Bailey [2019] ACTSC 102 and Bandy , (referring to Veen v R (No 2) (1988) 164 CLR 465 at 476) the High Court has emphasised that the guideposts that are the purposes of sentencing sometimes point in different directions:…
R v Sikoulabot [2018] ACTSC 217
Citation 11 (Para 1)

…Counsel for the offender referred to Myles , Hidic , Sharma, R v Dunn [2017] ACTSC 227 ( Dunn ) and R v Sikoulabot [2018] ACTSC 217 ( Sikoulabot ), and submitted that:…
R v Oeti [2018] ACTSC 229
Citation 12 (Para 1)

…ction considerations which cannot be conflated” (citing HAT v The Queen [2011] VSCA 427; 35 VR 109 ( HAT ); R v UE [2016] QCA 58 ( UE ); R v Oeti [2018] ACTSC 229 ( Oeti )).…
R v Arrowsmith [2018] SASCFC 47
Citation 13

…80 Power v The Queen (1974) 131 CLR 623 Quzag v The Queen (No 4) [2016] ACTCA 27 R v Amosa [2015] ACTSC 34 R v Aniezue [2016] ACTSC 82 R v Arrowsmith [2018] SASCFC 47; 333 FLR 415 R v Bandy [2018] ACTSC 261 R v Bartlett [2016] ACTSC 390 R v Beniamini (No 2) [2017] ACTSC 32 R v Burgess [2017] ACTSC 249 R v Carmody (…
R v Norris; Ex parte Attorney-General (Qld) [2018] QCA 27
Citation 14 (Para 1)

…Counsel for the offender then referred to the decision of R v Norris; Ex Parte Attorney-General (Qld) [2018] QCA 27; 3 Qd R 420 (Norris ) where a sentencing judge had taken into account the prospect of deportation when considering the efficacy of court ordered parole, where upon release the offender’s rehabilita…
Cranfield v The Queen [2018] ACTCA 3
Citation 15 (Para 1)

…In Cranfield v The Queen [2018] ACTCA 3, the Court of Appeal recently considered the discount applicable where there has been a plea of guilty. It was stated at [37]-[38] that:…
Xiao v R [2018] NSWCCA 4
Citation 16 (Para 1)

…Procedure) Act 1999 (NSW). Section 22 is focused on the utilitarian value of pleas of guilty: see Toumo’ua at [41]-[48]; see also Xiao v The Queen [2018] NSWCCA 4; 96 NSWLR 1 in relation to the utilitarian value of pleas of guilty in Commonwealth matters.…
R v Solomons [2017] ACTSC 384
Citation 17 (Para 1)

…s context that fully suspended sentences have been imposed in other cases of recklessly inflicting grievous bodily harm (see for example R v Solomons [2017] ACTSC 384 (where the victim suffered dental injuries and a fractured nose); Carmody (where the victim suffered fractures to their arm, tendon damage and swelli…
R v Kepaoa [2017] ACTSC 414
Citation 18 (Para 1)

…In Bandy , I reviewed a number of relevant cases and sentencing results from this jurisdiction at [77]-[99] including the following: R v Kepaoa [2017] ACTSC 414 and Sikoulabot ; R v LT [2017] ACTSC 343, in which a sentence of two years and three months imprisonment, fully suspended with a good behaviour order was o…
R v LT [2017] ACTSC 343
Citation 19 (Para 1)

…elevant cases and sentencing results from this jurisdiction at [77]-[99] including the following: R v Kepaoa [2017] ACTSC 414 and Sikoulabot ; R v LT [2017] ACTSC 343, in which a sentence of two years and three months imprisonment, fully suspended with a good behaviour order was ordered; R v Burgess [2017] ACTSC 24…
R v Igwebuike [2017] ACTSC 323
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…16; 139 A Crim R 398 R v Dunn [2017] ACTSC 227 R v Gillan (1991) 54 A Crim R 475 R v H (1993) 66 A Crim R 50 R v Hidic [2017] ACTSC 307 R v Igwebuike [2017] ACTSC 323 R v Kamara [2016] ACTSC 294 R v Kepaoa [2017] ACTSC 414 R v Laipato (unreported Nield AJ, 16 September 2010) R v LT [2017] ACTSC 343 R v MAH [2005] N…
R v Burgess [2017] ACTSC 249
Citation 21 (Para 1)

…2017] ACTSC 343, in which a sentence of two years and three months imprisonment, fully suspended with a good behaviour order was ordered; R v Burgess [2017] ACTSC 249, in which a sentence of three years and one month imprisonment was ordered; R v Pallier [2017] ACTSC 112, in which a sentence of 27 months imprisonme…
R v Dunn [2017] ACTSC 227
Citation 22 (Para 1)

…Counsel for the offender referred to Myles , Hidic , Sharma, R v Dunn [2017] ACTSC 227 ( Dunn ) and R v Sikoulabot [2018] ACTSC 217 ( Sikoulabot ), and submitted that:…
R v Myles [2017] ACTSC 194
Citation 23 (Para 1)

…iousness of the grievous bodily harm sustained by the victim: R v Bandy [2018] ACTSC 261 ( Bandy ); R v Hidic [2017] ACTSC 307 ( Hidic ); R v Myles [2017] ACTSC 194 ( Myles ); R v Sharma [2016] ACTSC 180 ( Sharma ); R v Amosa [2015] ACTSC 34.…
R v Cranfield [2017] ACTSC 171
Citation 24 (Para 1)

…ars imprisonment was ordered; R v RC (Unreported, Burns J, 19 October 2012), in which a sentence of six years imprisonment was ordered; R v Cranfield [2017] ACTSC 171, in which a sentence of three years, seven months and five days imprisonment was ordered; R v Bartlett [2016] ACTSC 390, in which a sentence of three…
R v Pallier [2017] ACTSC 112
Citation 25 (Para 1)

…ood behaviour order was ordered; R v Burgess [2017] ACTSC 249, in which a sentence of three years and one month imprisonment was ordered; R v Pallier [2017] ACTSC 112, in which a sentence of 27 months imprisonment was ordered; R v McBride [2017] ACTSC 102, in which a sentence of three years imprisonment was ordered…
R v McBride [2017] ACTSC 102
Citation 26 (Para 1)

…ee years and one month imprisonment was ordered; R v Pallier [2017] ACTSC 112, in which a sentence of 27 months imprisonment was ordered; R v McBride [2017] ACTSC 102, in which a sentence of three years imprisonment was ordered; R v Carmody (No 3) [2017] ACTSC 60 ( Carmody ), in which a sentence of two years and fi…
R v Toumo'ua [2017] ACTCA 9
Citation 27 (Para 1)

…dge to confine themselves to identifying the particular features of the case that inform the objective seriousness of that case” ( R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103 ( Toumo’ua ) at [24]). This is a serious offence involving two punches to the face and significant dental injury.…
R v Carmody (No 3) [2017] ACTSC 60
Citation 28 (Para 1)

…of 27 months imprisonment was ordered; R v McBride [2017] ACTSC 102, in which a sentence of three years imprisonment was ordered; R v Carmody (No 3) [2017] ACTSC 60 ( Carmody ), in which a sentence of two years and five months imprisonment, suspended for three years was ordered; R v Rappel [2017] ACTSC 38, in whi…
R v Rappel [2017] ACTSC 38
Citation 29 (Para 1)

…(No 3) [2017] ACTSC 60 ( Carmody ), in which a sentence of two years and five months imprisonment, suspended for three years was ordered; R v Rappel [2017] ACTSC 38, in which a sentence of two years and 11 months imprisonment was ordered; R v Beniamini (No 2) [2017] ACTSC 32, in which a sentence of two years impr…
Sharma v The Queen [2017] ACTCA 8
Citation 30

…R v Williams [2018] ACTSC 354 R v Woods; R v Matthews [2019] ACTSC 33 R v Yildirim [2011] VSCA 219 R v Zamagias [2002] NSWCCA 17 Sharma v The Queen [2017] ACTCA 8 Taylor v The Queen [2015] TASCCA 7 The Queen v Tamawiwy (No 4) [2015] ACTSC 371 The Queen v Wong [2015] ACTSC 389 Veen v R (No 2) (1988) 164 CLR 465 Xi…
R v Beniamini (No 2) [2017] ACTSC 32
Citation 31 (Para 1)

…or three years was ordered; R v Rappel [2017] ACTSC 38, in which a sentence of two years and 11 months imprisonment was ordered; R v Beniamini (No 2) [2017] ACTSC 32, in which a sentence of two years imprisonment was ordered ; R v Smith [2016] ACTSC 330, in which a sentence of two years imprisonment, fully suspend…
R v Bartlett [2016] ACTSC 390
Citation 32 (Para 1)

…nt was ordered; R v Cranfield [2017] ACTSC 171, in which a sentence of three years, seven months and five days imprisonment was ordered; R v Bartlett [2016] ACTSC 390, in which a sentence of three years and six months imprisonment to be served by way of ICO was ordered; and R v Rheinberger (No 2) [2016] ACTSC 307 (…
R v Smith [2016] ACTSC 330
Citation 33 (Para 1)

…s and 11 months imprisonment was ordered; R v Beniamini (No 2) [2017] ACTSC 32, in which a sentence of two years imprisonment was ordered ; R v Smith [2016] ACTSC 330, in which a sentence of two years imprisonment, fully suspended with good behaviour was ordered; R v Seretin [2016] ACTSC 45, in which a sentence of…
R v Rheinberger (No 2) [2016] ACTSC 307
Citation 34 (Para 1)

…t [2016] ACTSC 390, in which a sentence of three years and six months imprisonment to be served by way of ICO was ordered; and R v Rheinberger (No 2) [2016] ACTSC 307 ( Rheinberger ), in which a sentence of 18 months imprisonment, fully suspended with good behaviour was ordered.…
R v Kamara [2016] ACTSC 294
Citation 35

…n [2017] ACTSC 227 R v Gillan (1991) 54 A Crim R 475 R v H (1993) 66 A Crim R 50 R v Hidic [2017] ACTSC 307 R v Igwebuike [2017] ACTSC 323 R v Kamara [2016] ACTSC 294 R v Kepaoa [2017] ACTSC 414 R v Laipato (unreported Nield AJ, 16 September 2010) R v LT [2017] ACTSC 343 R v MAH [2005] NTCCA 17 R v McBride [2017] A…
R v Pearson [2016] QCA 212
Citation 36

…24 May 2013) R v Norris; Ex Parte Attorney-General (Qld) [2018] QCA 27; 3 Qd R 420 R v Oeti [2018] ACTSC 229 R v Pallier [2017] ACTSC 112 R v Pearson [2016] QCA 212 R v Pham [2005] NSWCCA 94 R v Pham [2015] HCA 39; 256 CLR 550 R v Pumpa [2014] ACTSC 223 R v Rappel [2017] ACTSC 38 R v RC (Unreported, Burns J, 19 O…
R v Hill [2016] ACTSC 310
Citation 37

…re are circumstances in which one is entitled to be determinative: see for example R v Hopkins [2004] NSWCCA 105. As stated by Murrell CJ in R v Hill [2016] ACTSC 310 ( Hill ) where a person has very good prospects of rehabilitation, the Court, by supporting those prospects in the sentence imposed , thereby also ad…
Quzag v The Queen (No 4) [2016] ACTCA 27
Citation 38 (Para 1)

…A suspended sentence is punishment ( Quzag v The Queen (No 4) [2016] ACTCA 27 at [68]) and has been described as being a significant punishment (see for example R v H (1993) 66 A Crim R 505 at 510; Elliott v Harris (No 2) (1976) 13 SASR 516 at 527) and as carrying stigma with it for the offender ( R v Gillan (1991…
R v Sharma [2016] ACTSC 180
Citation 39 (Para 1)

…stained by the victim: R v Bandy [2018] ACTSC 261 ( Bandy ); R v Hidic [2017] ACTSC 307 ( Hidic ); R v Myles [2017] ACTSC 194 ( Myles ); R v Sharma [2016] ACTSC 180 ( Sharma ); R v Amosa [2015] ACTSC 34.…
Hickling v The State of Western Australia [2016] WASCA 124
Citation 40 (Para 1)

…Reference was made to the decision of Hickling v The State of Western Australia [2016] WASCA 124; 260 A Crim R 33 ( Hickling ), where at [59] Mazza JA and Mitchell J referred to “predictions about how such an administrative discretion” being inappropriate to the exercise of the court’s sentencing discretion. It was…
AC v R [2016] NSWCCA 107
Citation 41

…AC v R [2016] NSWCCA 107 Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299 Cranfield v The Queen [2018] ACTCA 3 Da Costa Junior v The Queen [2016] VSCA 49; 258 A Crim R 60 Dauphin v The Queen [2002] WASCA 104 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 DPP (Cth) v Peng [2014] VSCA 128 Elliott v Harris (No 2) (1976)…
R v Aniezue [2016] ACTSC 82
Citation 42

…[2014] ACTCA 46; 245 A Crim R 80 Power v The Queen (1974) 131 CLR 623 Quzag v The Queen (No 4) [2016] ACTCA 27 R v Amosa [2015] ACTSC 34 R v Aniezue [2016] ACTSC 82 R v Arrowsmith [2018] SASCFC 47; 333 FLR 415 R v Bandy [2018] ACTSC 261 R v Bartlett [2016] ACTSC 390 R v Beniamini (No 2) [2017] ACTSC 32 R v Burges…
Konamala v The Queen [2016] VSCA 48
Citation 43 (Para 1)

…and discretion remains with the Minister under this provision ( Arrowsmith at [38]; Magedi v The Queen [2019] VSCA 102 at [57]; Konamala v The Queen [2016] VSCA 48 at [35]).…
Da Costa v The Queen [2016] VSCA 49
Citation 44

…AC v R [2016] NSWCCA 107 Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299 Cranfield v The Queen [2018] ACTCA 3 Da Costa Junior v The Queen [2016] VSCA 49; 258 A Crim R 60 Dauphin v The Queen [2002] WASCA 104 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 DPP (Cth) v Peng [2014] VSCA 128 Elliott v Harris (No 2) (197…
R v UE [2016] QCA 58
Citation 45 (Para 1)

…tion is imminent are two distinction considerations which cannot be conflated” (citing HAT v The Queen [2011] VSCA 427; 35 VR 109 ( HAT ); R v UE [2016] QCA 58 ( UE ); R v Oeti [2018] ACTSC 229 ( Oeti )).…
R v Seretin [2016] ACTSC 45
Citation 46 (Para 1)

…was ordered ; R v Smith [2016] ACTSC 330, in which a sentence of two years imprisonment, fully suspended with good behaviour was ordered; R v Seretin [2016] ACTSC 45, in which a sentence of four years imprisonment was ordered; R v Williams [2015] ACTSC 406, in which a sentence of three years imprisonment was order…
R v Williams [2015] ACTSC 406
Citation 47 (Para 1)

…ully suspended with good behaviour was ordered; R v Seretin [2016] ACTSC 45, in which a sentence of four years imprisonment was ordered; R v Williams [2015] ACTSC 406, in which a sentence of three years imprisonment was ordered; R v Neish (Unreported, Refshauge J, 24 May 2013), in which a sentence of two years impr…
The Queen v Wong [2015] ACTSC 389
Citation 48

…[2002] NSWCCA 17 Sharma v The Queen [2017] ACTCA 8 Taylor v The Queen [2015] TASCCA 7 The Queen v Tamawiwy (No 4) [2015] ACTSC 371 The Queen v Wong [2015] ACTSC 389 Veen v R (No 2) (1988) 164 CLR 465 Xiao v The Queen [2018] NSWCCA 4; 96 NSWLR 1…
R v Tamawiwy (No 4) [2015] ACTSC 371
Citation 49

…irim [2011] VSCA 219 R v Zamagias [2002] NSWCCA 17 Sharma v The Queen [2017] ACTCA 8 Taylor v The Queen [2015] TASCCA 7 The Queen v Tamawiwy (No 4) [2015] ACTSC 371 The Queen v Wong [2015] ACTSC 389 Veen v R (No 2) (1988) 164 CLR 465 Xiao v The Queen [2018] NSWCCA 4; 96 NSWLR 1…
R v Pham [2015] HCA 39
Citation 50 (Para 1)

…Bare sentencing statistics provide limited assistance: R v Pham [2015] HCA 39; 256 CLR 550. Statistics do not provide information about why sentences were fixed as they were in each case: Hili v the Queen [2010] HCA 45; 242 CLR 520 ( Hili ). There are a number of decisions of this Court relating to offenders who…

Legislation Cited

Crimes (Sentencing) Act 2005 (ACT) 10, 11, 134, 19, 33, 35, 6, 7
9 mentions (from Para 1)
Migration Act 1958 (Cth) 501(3A), 501CA
3 mentions (from Para 1)
Crimes Act 1900 (ACT) 20
2 mentions (from Para 1)
Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)
2 mentions (from Para 1)
Crimes (Sentence Administration) Act 2005 (ACT)
1 mention
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 1)