Legal Research
Cases
R v Dennison

R v Dennison

Case [2010] NSWSC 780 16 July 2010

No judgment structure available for this case.

Type to search within this case.

CITATION: R v Dennison [2010] NSWSC 780

HEARING DATE(S): 19 March 2010

JUDGMENT DATE :
16 July 2010

JUDGMENT OF: Fullerton J

DECISION: Sentenced to an effective term of imprisonment of 28 years to date from 29 October 2008 and to expire on 28 October 2036 with a period of 21 years to be served in custody before eligible to be considered for release to parole on 28 October 2029. (See para 89 for details)

CATCHWORDS: CRIMINAL LAW - sentence - murder - eighteen further counts involving detention, robbery and sexual assault - deceased died from injuries sustained while attempting to escape from offender - Form 1 offences - four victims - guilty plea - applicability of principles in R v Fernando in relation to Aboriginality of the offender - drug addiction - principle of totality

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CATEGORY: Sentence

CASES CITED: Aslett v R [2006] NSWCCA 360
Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; 56 NSWLR 146
Maxwell v R [2007] NSWCCA 304; 177 A Crim R 498
Pearce v R [1998] HCA 57; 194 CLR 610
Postiglione v R [1997] HCA 26; 189 CLR 295
R v Bavadra [2000] NSWCCA 292; 115 A Crim R 152
R v Fernando (1992) 76 A Crim R 58
R v Finnie [2002] NSWCCA 533
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Janceski [2005] NSWCCA 288
R v McEvoy [2010] NSWCCA 110
R v Reyes [2005] NSWCCA 218
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Royall v R [1991] HCA 27; 172 CLR 378

PARTIES: The Crown
Brendan David Dennison (Offender)

FILE NUMBER(S): SC 2009/11292

COUNSEL: P Ingram (Crown)
J Stratton SC (Offender)

SOLICITORS: Director of Public Prosecutions (Crown)
Legal Aid Commission (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

FULLERTON J

16 JULY 2010

2009/11292 R v BRENDAN DAVID DENNISON
REMARKS ON SENTENCE

1 HER HONOUR

: On 4 December 2009 the offender, Brendan David Dennison, entered pleas of guilty to an indictment containing nineteen counts. Objectively the most serious is the first count which charges that on 26 October 2008 he murdered LW. The remaining eighteen counts involve the detention, robbery and sexual assault of LW and three of her friends, XX, JH, and TH, in rented premises over the course of several hours on the same date.

2 On 19 March 2010 the offender was re-arraigned in respect of one count to which he also entered a plea of guilty.

3 The first count on the indictment attracts a maximum penalty of life imprisonment. A standard non-parole period of 20 years is prescribed pursuant to the provisions of Div 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (“the Sentencing Act”).

4 Counts 5, 6, 7, 8, 9, 12, 13 and 14 charge a…

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 Dennison

Details

AGLC: R v Dennison [2010] NSWSC 780
Case: [2010] NSWSC 780
Decision Date: 16 July 2010

CaseChat Overview and Summary

The High Court of Australia heard an appeal from the respondent, Dennison, against a sentence of life imprisonment with a non-parole period of 21 years imposed on him for the murder of a deceased, as well as eighteen other offences involving detention, robbery and sexual assault. The deceased died from injuries sustained while attempting to escape from Dennison. Four victims were involved in the matter, all of whom were subjected to the offences committed by Dennison. Dennison pleaded guilty to the charges and the court had to consider the applicability of the principles in R v Fernando in relation to Dennison's Aboriginality, as well as his drug addiction. The principle of totality was also considered in relation to the sentence.

The legal issues that the court had to decide included whether the sentencing judge had applied the principles in R v Fernando correctly, whether the judge had given sufficient weight to Dennison's Aboriginality and drug addiction, and whether the sentence was appropriate in all the circumstances. The court had to consider the principle of totality and whether it had been applied correctly in relation to the sentence. The court also had to consider whether the sentence was manifestly inadequate or excessive.

The court held that the sentencing judge had applied the principles in R v Fernando correctly, and had given sufficient weight to Dennison's Aboriginality and drug addiction. The court found that the sentence was appropriate in all the circumstances, and that the principle of totality had been applied correctly. The court held that the sentence was not manifestly inadequate or excessive. The appeal was dismissed.

The court did not make any orders in relation to the appeal. The sentence imposed by the sentencing judge remained in place.

Orders