Legal Research
Cases
R v Donald William Reeves

R v Donald William Reeves

Case [2017] NSWSC 813 22 June 2017

Criminal Liability

Sentencing

Manslaughter

Excessive Self-Defence

Criminal Law

No judgment structure available for this case.

Type to search within this case.

Supreme Court

New South Wales

Medium Neutral Citation: R v Donald William Reeves [2017] NSWSC 813
Hearing dates: 13 - 14 June 2017
Date of orders: 22 June 2017
Decision date: 22 June 2017
Jurisdiction: Common Law - Criminal
Before: Campbell J
Decision:
(1) For count 2 on the indictment, the offender is sentenced to a fixed term of imprisonment of 2 years duration commencing on 17 July 2015 and expiring on 16 July 2017;
(2) For count 1 on the indictment, the manslaughter of Mr Jones, the offender is sentenced to a term of imprisonment of 7 years and 6 months, having a non-parole period of 5 years and 4 months commencing on 17 July 2016 and expiring on 16 November 2021 with an additional term of 2 years and 2 months commencing on 17 November 2012 and expiring on 16 January 2024. The offender will first be eligible for release on parole after the expiration of the non-parole period for count 1 on 16 November 2021.
Catchwords: SENTENCE – manslaughter – wilful disposal of a body – cold case – discovery of skeleton in the Royal National Park – where offender initially charged with murder but Crown accepted plea to manslaughter – manslaughter by excessive self-defence – consideration of at what point the offender’s self-defence became excessive – consideration of sentencing principles for common law offences – held that sentencing discretion at large for common law offences
Legislation Cited: Coroners Act 2009 (NSW)
Crimes Act 1900 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Cases Cited: Blackstock v R [2013] NSWCCA 172
Jansen v R [2013] NSWCCA 301
Jaturawong v R [2011] NSWCCA 168
Muldrock v The Queen [2011] HCA 39, (2011) 244 CLR 120
R v Blacklidge (unreported, 12 December 1995, NSWCCA)
R v Borkowski (2009) 195 A Crim R 1
R v Bryan Steven Johnson [2003] NSWCCA 129
R v Davis (1942) 42 SR (NSW) 263
R v. Dawes [2004] NSWCCA 363
R v Hamilton; R v Sandilands [2007] NSWSC 452
R v Hoerler (2004) 147 A Crim R 520
R v Hokin, Burton and Peisley (1922) 22 SR (NSW) 280
R v Isaacs (1997) 41 NSWLR 374
R v Misiepo [2016] NSWSC 565
R v Oinonen [1999] NSWCCA 310
R v Olbrich (1999) 199 CLR 270
Smith v R [2011] NSWCCA 110
Smith v R [2015] NSWCCA 193
The Queen v Kilic [2016] HCA 48
Category: Sentence
Parties: The Queen
Donald William Reeves (Offender)
Representation:
Counsel: H. Baker (Crown)
P.D. Young SC (Defence)
Solicitors:

File Number(s): 2015/00209990

Judgment

On arraignment before me on 29 May 2017, the offender pleaded guilty to both counts contained in the indictment. They are the manslaughter of Lyn Tasman Jones on 11 June 2009 and the wilful disposal of his body in circumstances where the death was reportable under the Coroners Act 2009 (NSW).
The offender had been previously charged with the murder of Mr Jones. In June 2016 in the Local Court, before his committal to this Court…

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 Donald William Reeves

Details

AGLC: R v Donald William Reeves [2017] NSWSC 813
Case: [2017] NSWSC 813
Decision Date: 22 June 2017

CaseChat Overview and Summary

In the case of R v Donald William Reeves, the defendant faced a charge of manslaughter following the discovery of a skeleton in the Royal National Park. The remains were identified as those of the victim, who had been missing for many years. Reeves was initially charged with murder but later pleaded guilty to manslaughter, with the Crown accepting the plea. The court had to consider the nature of the offence and the circumstances under which the victim's death occurred. Specifically, the court had to determine whether the defendant's actions were justified under self-defence and, if so, at what point his self-defence became excessive, thereby amounting to manslaughter.

The legal issues the court needed to address included the principles of self-defence, the point at which self-defence becomes excessive, and the appropriate sentencing principles for common law offences such as manslaughter. The court had to balance the gravity of the offence against the mitigating factors, including the defendant's plea and the cold case nature of the crime. The court also had to consider the sentencing principles outlined in relevant statutes and case law, particularly focusing on the broad discretion available in sentencing common law offences.

The court found that the defendant's actions, while initially justifiable under self-defence, became excessive, leading to the victim's death. The court accepted the plea of manslaughter by excessive self-defence and considered the broad discretion available under sentencing principles for common law offences. The court determined that the appropriate sentence would reflect the seriousness of the offence, the defendant's plea, and the cold case nature of the crime. Ultimately, the court imposed a sentence that took into account all relevant factors, ensuring that justice was served in this long-standing case.

Orders