District Court
New South Wales
Medium Neutral Citation: R v Cranston [2019] NSWDC 619 Hearing dates: 28 October 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 74 – 77.
Catchwords: CRIMINAL – sentencing – common assault – domestic violence – assaulting police officers in the execution of duty and occasioning actual bodily harm – attempting to use an offensive weapon with intent to commit an indictable offence – subjective features – whether Bugmy considerations applicable – special circumstances. Legislation Cited: Crimes Act, 1999
Crimes (Sentencing Procedure) ActCases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) 1999, No. 2 of 2002 [2002] NSWCCA 515
Bugmy v The Queen (2013) 244 CLR 571
Crimes (Sentencing Procedure) Act
Kennedy [2008] NSWCCA 21
Killen [2005] NSWCCA 17
Ohanian [2017] NSWCCA 268
Pearce v The Queen (1998) 194 CLR 610
R v Hamilton (1993) 66 A Crim R 575
TC [2009] NSWCCA 296Category: Sentence Parties: Director of Public Prosecutions
Mr K CranstonRepresentation: Counsel:
Solicitors:
Ms L Precup (Crown)
Ms C Wasley (Defence)
Solicitor for the Director of Public Prosecutions
Marsdens Law Group
File Number(s): 2017/332792 Publication restriction: Nil
Sentencing remarks
Background
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On 2 November 2017, the offender was involved in a domestic quarrel with his partner. He and his partner resided with two daughters. The offender was intoxicated throughout as a result of the consumption of alcohol: he smelt of alcohol and his speech was slurred. The quarrel escalated into an act of domestic violence against the partner. The partner had the presence of mind to ask one of the daughters to call the police. Police officers arrived but this only enraged the offender. He engaged in a physical struggle and assaulted the police officers; before he was eventually detained.
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On 20 May 2019, two days after a trial having commenced and after negotiations with the Crown, the offender entered pleas of guilty to the following six counts:
common assault [1] , pursuant to s 61 of the Crimes Act.
1. Given that it was committed against the offender’s then partner, it also constitutes a ‘domestic violence offence’
assaulting a police officer (LSC Craig), acting in the execution of her duty and occasioning actual bodily harm, pursuant to s 60(2) of the Crimes Act.
assaulting a police officer (Constable Gorgees), acting in the execution of her duty and occasioning actual bodily harm, pursuant to s 60(2) of the Crimes Act.
Attempting to use an offensive weapon with intent to commit an indictable offence, namely intimidation, pursuant to s 33B(1)(a) of the Crimes Act.
Choking Constable Gorgees and being reckless as to render her incapable of resistance, pursuant to s 37(1) of the Crimes Act.
Assaulting a police officer (SC Hollis), acting in the execution of his duty, pursuant to s 60(1) of the Crimes Act.
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The maximum punishment for these offences and applicable standard non-parole periods for these offences are…
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- AGLC
- R v Cranston [2019] NSWDC 619
- Case
- [2019] NSWDC 619
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address involved the severity of the offences committed, the appellant’s prior criminal history, and the potential applicability of considerations related to Aboriginal and Torres Strait Islander defendants, as per the case of Bugmy v The Queen. The court also had to consider whether any special circumstances existed that could influence the sentencing decision. The appellant’s legal team argued for a lesser sentence, highlighting mitigating factors such as the appellant’s background and the potential for rehabilitation. Conversely, the prosecution sought a sentence that adequately reflected the seriousness of the crimes committed.
The court thoroughly examined the subjective features of the case, including the nature of the offences, the harm caused, and the appellant's criminal history. It was noted that the offences were severe, involving violence against police officers and causing actual bodily harm. The court also considered the appellant’s history of domestic violence, which was a significant factor in determining the appropriate sentence. While the defence argued for the application of Bugmy considerations, the court concluded that these were not applicable in this instance as they pertain specifically to Aboriginal and Torres Strait Islander defendants. Ultimately, the court imposed a sentence that balanced the need for punishment and deterrence with the possibility of rehabilitation, taking into account all the relevant factors and the principles of sentencing.
The final orders of the court, detailed in paragraphs 74 to 77, provided the specific sentencing outcome, including the length and nature of the custodial sentence and any additional requirements such as community service or rehabilitation programs. The court also addressed the need for ongoing monitoring and support to mitigate the risk of reoffending.
Orders
Orders of the court
See paragraph 74 – 77.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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