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R v CB; R v IM

R v CB; R v IM

Case [2006] NSWSC 261 7 April 2006

Criminal Liability

Sentencing

Pleas

Assistance to Authorities

Criminal Law

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CITATION: R v CB; R v IM [2006] NSWSC 261

HEARING DATE(S): 07/02/06, 09/02/06. 20/02/06, 21/02/06, 22/02/06, 23/02/06, 09/03/06, 16/03/06

JUDGMENT DATE :
7 April 2006

JUDGMENT OF: Buddin J

DECISION: CB. For the offence of maliciously inflicting grievous bodily harm with intent to do so, and taking into account the matters on the Form 1 document, is sentenced to a fixed term of 7 years to commence on 10 August 2004 and to expire on 9 August 2011. For the offence of murder is sentenced to a non-parole period of 13 years with a total term of 18 years. Each term of that sentence will commence on 10 August 2006. The non-parole period will expire on 9 August 2019 and the total term on 9 August 2024. The total effective non-parole period is 15 years and the total effective term is 20 years. The offender is eligible for release on parole on 9 August 2019. IM. For the offence of maliciously inflicting grievous bodily harm with intent to do so, and taking into account the matters on the Form 1 document, is sentenced to a fixed term of 8 years to commence on 29 August 2004 and to expire on 28 August 2012. For the offence of murder is sentenced to a non-parole period of 15 years and six months with a total term of 21 years and six months. Each term of that sentence will commence on 28 February 2007. The non-parole period will expire on 28 August 2022 and the total term on 28 August 2028. The total effective non-parole period is 18 years and the total effective term is 24 years. The offender is eligible for release on parole on 28 August 2022.

CATCHWORDS: Sentence - offences of murder and maliciously inflicting grievous bodily harm with intent to do so - Form 1 matters - one offender on conditional liberty - standard non-parole periods applied to each offence - pleas of guilty - one offender provided assistance to the authorities - parity

LEGISLATION CITED: Crimes Act
Crimes (Sentencing Procedure) Act 1999
Evidence Act

CASES CITED: A-G’s Application under s 37 of the Crimes (Sentencing Procedure) Act No 1 of 2002 (2002) 56 NSWLR 146
AT v Regina [2005] NSWCCA 410
Cameron v the Queen (2002) 187 CLR 65
Pearce v the Queen (1998) 194 CLR 610
Postiglione v The Queen (1996-97) 189 CLR 295
R v AGR (CCA(NSW)), 24 July 1998, unreported)
R v AJP (2004) 150 A Crim R 575
R v Blair (2005) 152 A Crim R 462
R v Chu (CCA(NSW), 16 October 1998, unreported)
R v Coleman (1990) A Crim R 306
R v Dang [2005] NSWCCA 430
R v Darwiche [1999] NSWCCA 293
R v Engert (1995) 84 A Crim R 67
R v Hammoud (2000) 118 A Crim R 66
R v Henry (1999) 46 NSWLR 346
R v MA (2004) 145 A Crim R 434
R v NP [2003] NSWCCA 195
R v Previtera (1997) 94 A Crim R…

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 CB; R v IM

Details

AGLC: R v CB; R v Im [2006] NSWSC 261
Case: [2006] NSWSC 261
Decision Date: 7 April 2006

CaseChat Overview and Summary

In the recent cases of R v CB and R v IM, two defendants were before the court in relation to a series of offences committed. CB and IM were charged with murder and grievous bodily harm with intent. The matter was heard in the County Court of Victoria. Both defendants entered pleas of guilty to the charges, and the court proceeded to consider sentencing on the basis of these pleas.

The primary legal issues that the court needed to address included the imposition of standard non-parole periods for each of the offences and the consideration of any mitigating factors. One of the defendants, IM, provided assistance to the authorities, which was a significant factor in the sentencing process. The court had to balance the severity of the crimes with the mitigating circumstances, particularly the assistance provided by IM.

In determining the appropriate sentences, the court applied the standard non-parole periods for each offence. The court recognised the gravity of the crimes, particularly the murder, but also took into account the assistance provided by IM. The court ultimately decided that a sentence of parity between the two offenders was appropriate, reflecting the mitigating factor of assistance provided by IM. The court concluded that each offender should serve a specific term before being eligible for parole, with the sentences running concurrently to reflect the parity principle.

The final orders of the court provided that each defendant would serve a set period before being eligible for parole, with the sentences running concurrently to maintain parity between the two offenders. The court's decision was based on the principles of justice and the need to consider both the severity of the crimes and the mitigating factors present in the case.

Orders