R v Campbell - [2023] NSWSC 841

Supreme Court

New South Wales

Medium Neutral Citation: R v Campbell [2023] NSWSC 841
Hearing dates: 10 July 2023
Date of orders: 20 July 2023
Decision date: 20 July 2023
Jurisdiction: Common Law - Criminal
Before: Garling J
Decision:
See [90]

Catchwords:
CRIME — Murder — Sentence after guilty plea — Offender intoxicated by methylamphetamine at time of offence — Intoxication was self-induced — No evidence of remorse — Discount for utilitarian value of guilty plea — No special circumstances
CRIME — Wounding with intent to cause grievous bodily harm — Sentence after guilty plea — Offender intoxicated by methylamphetamine at time of offence — Intoxication was self-induced — No evidence of remorse — Discount for utilitarian value of guilty plea — No special circumstances

Legislation Cited:
Crimes Act 1900
Crimes (High Risk Offenders) Act 2006
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Madden v R [2011] NSWCCA 254
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120
R v Fang (No.4) [2017] NSWSC 323
R v Gagalowicz [2005] NSWCCA 452
R v Whyte (2002) 55 NSWLR 252

Texts Cited:
Diagnostics and Statistical Manual of Mental Disorders 5th Edn 2013

Category: Sentence
Parties: The Crown
Samual Campbell (Offender)
Representation:
Counsel:
K Ratcliffe (Crown)
C Barry SC / J Davidson (Offender)
Solicitors:
Director of Public Prosecutions (Crown)
North Herring Lawyers (Offender)

File Number(s): 2021/00043635
Publication restriction: Not Applicable

JUDGMENT

On 15 February 2021, Samual Campbell (“the Offender”) stabbed Nicholas Robertson and Zane Kouaider, killing Mr Robertson and wounding Mr Kouaider. After his arrest, he was charged with the murder of Mr Robertson (contrary to s 18(1)(a) of the Crimes Act 1900) and the wounding of Mr Kouaider with intent to cause grievous bodily harm (contrary to s 33(1)(a) of the Crimes Act 1900).
On 8 June 2022, the Offender was committed for trial. His trial was listed for 15 May 2023. On 26 April 2023, the Offender pleaded guilty to both of the charges. Submissions on sentencing were received on 10 July 2023.
It is now time for the Offender to be sentenced for his crimes.

The Statutory Regime

The maximum penalty for the offence of murder is life imprisonment: s 19A(1) Crimes Act. A standard non-parole period of 20 years applies: Pt 4, Div 1A of the Crimes (Sentencing Procedure) Act 1999 (“the Sentencing Act”).
The maximum penalty for the offence of wounding a person with intent to cause grievous bodily harm is 25 years’ imprisonment: s 33(1) Crimes Act. A standard non-parole period of 7 years applies: Pt 4, Div 1A of the Sentencing Act.
The standard non-parole period and the maximum penalty are legislative guideposts: Muldrock v The Queen (2011) 244 CLR 120 at [27]. The standard non-parole period is not the starting point in sentencing for a mid-range offence after a conviction or a plea of guilty: Madden v R [2011]…

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 Campbell

Details

AGLC: R v Campbell [2023] NSWSC 841
Case: [2023] NSWSC 841
Decision Date: 20 July 2023

CaseChat Overview and Summary

In the case of R v Campbell, the defendant was convicted of murder and wounding with intent to cause grievous bodily harm, following a plea of guilty. The case was heard in the relevant court, where the primary focus was on determining the appropriate sentence for the defendant, given the specific circumstances surrounding the offences. The key issues before the court included the impact of the defendant's self-induced intoxication by methylamphetamine at the time of the offences, the absence of any demonstrated remorse, and the potential discount to be applied for the utilitarian value of the guilty plea. Additionally, the court had to consider whether any special circumstances existed that might warrant a departure from the usual sentencing principles.

The court carefully examined the mitigating and aggravating factors present in the case. It recognised that while intoxication was a factor, it was self-induced, and therefore, the discount for intoxication was limited. The lack of remorse further weighed against the defendant, suggesting a higher risk of reoffending. However, the court acknowledged the utilitarian value of the defendant's guilty plea, which typically warrants a reduction in sentence. In balancing these factors, the court concluded that no special circumstances were present that would warrant a significant departure from the usual sentencing guidelines.

After considering all the relevant factors, the court determined that the appropriate sentence would reflect the gravity of the offences, the defendant's lack of remorse, and the mitigating factor of the guilty plea. The final sentence imposed by the court was one of imprisonment, with specific terms that were deemed suitable given the circumstances. The court's decision provided clarity on how the various mitigating and aggravating factors should be weighed in sentencing, particularly in cases involving self-induced intoxication and the utilitarian value of a guilty plea.

Orders