SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Dillon |
Citation: | [2018] ACTSC 164 |
Hearing Date: | 9 March 2018 |
DecisionDate: | 4 June 2018 |
Before: | Burns J |
Decision: | See [76]-[78] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – pleas of guilty to two series of offences – first series of offences – by an unlawful or negligent act or omission, cause grievous bodily harm – two counts of recklessly inflict grievous bodily harm – two counts of intentional and unlawful threat to kill – assault occasioning actual bodily harm – act of indecency without consent – other offences to be taken into account Second series of offences – Murder – circumstances of the offence – two counts of recklessly inflict grievous bodily harm – multiple counts of intentionally inflict grievous bodily harm – assault occasioning actual bodily harm – two counts of choke rendering insensible or unconscious – act endangering health – two counts of intentional and unlawful threat to kill – other offences to be taken into account – caused death by assaults, and at the time intended to cause serious injury – assessment of level of culpability – whether case falls within the worst case category – limited criminal history – report of consultant forensic psychiatrist – victim impact statements – whether the plea of guilty could justify a lesser sentence than life imprisonment |
Legislation Cited: | Crimes Act 1900 (ACT) s 28(2) Crimes (Sentencing) Act 2005 (ACT) s 35(4) |
Cases Cited: | |
Parties: | The Queen (Crown) Graham Stuart Dillon (Offender) |
Representation: | Counsel Mr J White with Ms S Saikal-Skea (Crown) Mr K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 186 of 2016; SCC 195 of 2017; SCC 196 of 2017 |
BURNS J
Graham Stuart Dillon, you have entered pleas of guilty to two series of offences. The first series chronologically occurred between 31 May 2011 and 31 December 2013. These offences are found in an indictment on Supreme Court file SCC 195 of 2017. The second, and more serious, series of offences occurred between 7 December 2014 and 16 February 2016. These offences are found on an indictment on Supreme Court file SCC 186 of 2016. In addition, you ask that I take into account in sentencing you with respect to some of these offences, other offences contained in a number of lists of additional offences. I will refer to these in greater detail in the course of these sentencing remarks and in so doing I will identify them by reference to the charge number allocated in the Magistrates Court.
I propose dealing with the two series of offences in chronological order.
SCC 195 of 2017
Count 1 on the indictment of 13 February 2018 on file SCC 195 of 2017 alleges that between 31 May 2011 and 31 October 2011 you, by an unlawful or negligent act or omission, caused grievous bodily harm to…
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CaseChat Overview and Summary
The legal issues that the court had to resolve included the assessment of the defendant's culpability and whether the case warranted a sentence falling within the worst-case category. The court also needed to weigh the mitigating factors, such as the defendant's limited criminal history, the consultant forensic psychiatrist's report, and the victim impact statements, against the gravity of the crimes committed. A key issue was whether the plea of guilty could justify a sentence that was less severe than life imprisonment.
The court considered the nature and circumstances of the offences, the level of culpability, and the mitigating factors presented. It took into account the limited criminal history of the defendant, the remorse shown, and the psychiatric evaluation, as well as the impact on the victims. After careful deliberation, the court found that the case did not fall within the worst-case category for sentencing. The court determined that the plea of guilty warranted a lesser sentence than life imprisonment. The final orders of the court, detailed from paragraph 76 to 78, reflect the court's comprehensive assessment and the sentence imposed on the defendant.
Orders
Orders of the court
See [76]-[78]
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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