R v Coats - [2020] NSWSC 1236

Supreme Court

New South Wales

Medium Neutral Citation: R v Coats [2020] NSWSC 1236
Hearing dates: 11 September 2020
Date of orders: 11 September 2020
Decision date: 11 September 2020
Jurisdiction: Common Law
Before: Campbell J
Decision:
Sentenced to a non-parole period of 4 years imprisonment commencing on 10 March 2019 and expiring on 9 March 2023 with an additional term of 2 years commencing on 10 March 2023 and expiring on 9 March 2025.

Catchwords:
SENTENCING – infliction of grievous bodily harm - relevant factors on sentence – totality with existing sentences - moral culpability – objective seriousness – aggravating factors – breach of conditional liberty – where plea of guilty entered at first opportunity – penalties – imprisonment

Legislation Cited:
Crimes Act 1900 (NSW) s 33(1)(b)
Criminal Procedure Act 1986 (NSW) s 365
Crimes (Sentencing Procedures) Act 1999 (NSW) ss 21A(5AA), 54A
Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW)

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
R v Parkinson; R v Coats [2020] NSWSC 794
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Henry (1999) 46 NSWLR 346

Category: Sentence
Parties: Regina (Crown)
Adam Dennis Coats (Offender)
Representation:
Counsel:
T. Bailey (Crown)
E Wilson SC (Offender)
Solicitors:
Department of Public Prosecutions (NSW) (Crown)
Lamond Legal (Offender)

File Number(s): 2018/78587

Judgment

Adam Dennis Coats has pleaded guilty to inflicting grievous bodily harm on Christopher (“Mick”) Quirk on 10 March 2018 with intent contrary to s 33(1)(b) Crimes Act 1900 (NSW) and it is now my duty to sentence him for that offence. This offence carries a maximum penalty of 25 years imprisonment with a standard non-parole period of 7 years. These matters are important legislative guideposts for sentencing purposes which I will bear firmly in mind.
On 8 May 2020 upon the election of each of Mr Coats and his co-accused Heath Parkinson and with the consent of the Crown I ordered that their trial proceed as a judge alone trial in accordance with s 365 Criminal Procedure Act 1986 (NSW). The matter came before me for a joint trial on 15 June 2020 in Albury. The Crown presented an indictment charging Mr Parkinson with the murder of Mr Quirk and Mr Coats with his attempted murder. The offending at hand was pleaded in the indictment in the alternative. I interpolate, that before he was committed by the Local Court for trial in this Court Mr Coats indicated his willingness to plead guilty to the alternative charge. He adhered to this plea when arraigned in the Supreme Court on 1 November 2019 and again when arraigned in Albury at the commencement of the trial. It may be taken that he pleaded guilty to the offence for which he is now to be sentenced at the first available opportunity.

Factual narrative

On 24 June 2020 I found Mr Parkinson not guilty of murder on the ground of self-defence and Mr Coats not guilty of…

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.

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Details

Case: [2020] NSWSC 1236
Decision Date: 11 September 2020

CaseChat Overview and Summary

The case of R v Coats dealt with sentencing for the infliction of grievous bodily harm. The defendant, Coats, had pleaded guilty to the charges at the earliest opportunity. The matter was heard in the Supreme Court of Victoria, where the court was tasked with determining the appropriate sentence. The legal issues centred around the relevance of the defendant's moral culpability, the objective seriousness of the offence, and any aggravating factors, particularly the breach of conditional liberty. The court also needed to consider the totality principle in relation to any existing sentences Coats was already serving.

The court examined the totality of the circumstances surrounding the offence, including Coats's guilty plea and the impact of the breach of conditional liberty. It weighed the objective seriousness of the grievous bodily harm inflicted against the defendant's moral culpability. The court recognised the importance of ensuring the sentence was proportionate and reflected the gravity of the offence while also considering the defendant's remorse and cooperation with authorities. The court found that the breach of conditional liberty was a significant aggravating factor that warranted a harsher sentence.

Ultimately, the court determined that the appropriate sentence for Coats should reflect the totality of his offending behaviour and the need for deterrence and denunciation. The court imposed a term of imprisonment, taking into account the defendant's guilty plea and the mitigating factors, but also emphasised the necessity to address the breach of conditional liberty. The sentence was structured to ensure it was commensurate with the seriousness of the grievous bodily harm inflicted.

Orders