| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CI 2015 0108
S CI 2015 0163
| THE QUEEN |
| v |
| DWAYNE MICHAEL BYRNE |
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JUDGE: | JOHN DIXON J |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 8 SEPTEMBER 2016 |
DATE OF RULING: | 28 SEPTEMBER 2016 (Revised 28 September 2016) |
CASE MAY BE CITED AS: | R v BYRNE |
MEDIUM NEUTRAL CITATION: | [2016] VSC 580 |
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CRIMINAL LAW – Sentence – Attempted murder – Multiple stabbing of random victim in public place – Victim recovered from physical injuries – Institutionalised offender with significant criminal history – Limited prospects of rehabilitation – Prohibited person in possession of a firearm – Not related to attempted murder – Imprisonment for 12 years with a non-parole period of 9 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J McWilliams | Office of Public Prosecutions |
| For the Defendant | Mr S Johns | Stary, Norton, Halphen Pty Ltd |
HIS HONOUR:
Dwayne Byrne, the jury found you guilty of attempted murder and you have pleaded guilty to one count of being a prohibited person in possession of a firearm.
Attempted murder carries a maximum sentence of 25 years imprisonment.[1] Being a prohibited person in possession of a firearm carries a maximum sentence of 10 years imprisonment.[2]
[1]Crimes Act 1958, s 321P(1A).
[2]Firearms Act 1996, s 5.
7 February 2015 was a warm summer’s night and you were out on the streets of St Kilda with your friend Kaisha Mitchell. You were carrying a small knife. At about 11:30 pm you were on Brooks Jetty on the St Kilda foreshore. Your victim, Steen Locke, was also on Brooks Jetty in the company of his friend, Rochelle Jerard. They were sitting on the edge of the jetty, feet dangling over the side, resting their arms on a lower horizontal railing. Raised voices, an apparent argument between you and Ms Mitchell, attracted their attention to you and, acting out of concern for the well-being of Ms Mitchell, they turned around and looked in your direction.
The key issue in your trial was whether it was in fact you who was present on the jetty that night and it is plain from the verdict that the jury was satisfied that you were there and were responsible for what subsequently occurred.
You said to Mr Locke ‘What the fuck are you looking at?’ He replied ‘nothing mate’ and turned away from you, redirecting his attention to Ms Jerard. For reasons that have never been adequately explained, you then armed yourself with the knife that you were carrying and you attacked Mr Locke, stabbing him six times; in the back of his head, right shoulder, right armpit, left chest wall and twice to the left shoulder. The jury was satisfied that when you stabbed Mr Locke you intended to kill him.
Mr Locke, a much larger man than you, was disadvantaged by the way that he was sitting while this cowardly attack took place but once he got to his feet…
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- AGLC
- R v Byrne [2016] VSC 580
- Case
- [2016] VSC 580
- Decision Date
CaseChat Overview and Summary
The court needed to balance various factors, including the nature and circumstances of the offence, the appellant's criminal history, and his prospects for rehabilitation. The gravity of the attempted murder, the use of a firearm, and the random nature of the attack were significant aggravating factors. However, the court also had to consider the appellant's status as a prohibited person in possession of a firearm, which, while serious, was not directly related to the attempted murder. The court needed to determine the appropriate weight to give to each factor and how they interacted with one another.
After thorough deliberation, the court determined that the most appropriate sentence was imprisonment for 12 years with a non-parole period of 9 years. The court found that the attempted murder was a grave offence, made worse by the randomness and the use of a firearm. The appellant's significant criminal history and limited prospects for rehabilitation further supported a lengthy sentence. However, the court also considered the fact that the firearm was not used in the attempted murder and that the victim had physically recovered from their injuries. These factors led the court to set a non-parole period that reflected the severity of the crime but also allowed for the possibility of rehabilitation and eventual release.
The final orders of the court were that the appellant be imprisoned for 12 years with a non-parole period of 9 years. This decision was based on the gravity of the attempted murder, the appellant's criminal history, and his limited prospects for rehabilitation. The court also took into account the fact that the firearm was not used in the attempted murder and that the victim had physically recovered from their injuries. The sentence was intended to provide justice for the victim, protect the community, and offer the appellant an opportunity for rehabilitation.
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