Supreme Court
New South Wales
Medium Neutral Citation: R v Dufty; R v Tisdell [2020] NSWSC 1920 Hearing dates: 14, 15 and 16 December 2020 Date of orders: 30 December 2020 Decision date: 30 December 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: The offender Darcy Dufty is sentenced to imprisonment for 17 years and 3 months with a non-parole period of 12 years.
The offender Andrue Maxwell Tisdell is sentenced to imprisonment for 17 years and 3 months with a non-parole period of 12 years.
Catchwords: CRIME — sentencing — murder — following pleas of guilty — where some facts of the offending are disputed — where disputed facts rest on the evidence of one witness — consideration of Murray direction — where reliability issues of witness — objective seriousness of offending — use of L-bar inflicting blunt force injuries — body dumped in forest — where offenders mutilated body — subjective factors — consideration of Bugmy principles — where finding made as to special circumstances
Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW)
Crimes (High Risk Offenders) Act2006 (NSW), s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A
Evidence Act 1995 (NSW), s 165
Cases Cited: Barbieri v R [2016] NSWCCA 295
Bugmy v R (2013) 249 CLR 571; [2013] HCA 37
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Knight v R [2006] NSWCCA 292; 164 A Crim R 126
Leach v The Queen (2007) 230 CLR 1; [2007] HCA 3
Category: Sentence Parties: Proceedings 2019/144528
Proceedings 2019/144531
Regina
Darcy Dufty (Offender)
Regina
Andrue Maxwell Tisdell (Offender)Representation: Counsel:
Proceedings 2019/144528
L Carr SC (Crown)
B Bickford (Dufty)Proceedings 2019/144531
L Carr SC (Crown)
M Swift (Tisdell)Solicitors:
Proceedings 2019/144531
Proceedings 2019/144528
Office of the Director of Public Prosecutions (NSW) (Crown)
Barraclough Jones & Associates (Dufty)
Office of the Director of Public Prosecutions (NSW) (Crown)
Rebecca McMahon (Tisdell)
File Number(s): 2019/144528 and 2019/144531 Publication restriction: Subject to non-publication orders pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), in respect of the identity of the persons identified by the pseudonyms “Mr Jones” and “Mr Smith” in the judgment.
Judgment
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Early in the morning on Christmas Day 2018, Tyron Beauchamp was senselessly and violently killed by Darcy Dufty (“Mr Dufty”) and Andrue Tisdell (“Mr Tisdell).
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Both offenders have pleaded guilty to Mr Beauchamp’s murder. The offence carries a maximum penalty of life imprisonment with a standard non-parole period…
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- AGLC
- R v Dufty; R v Tisdell [2020] NSWSC 1920
- Case
- [2020] NSWSC 1920
- Decision Date
CaseChat Overview and Summary
The court found that the reliability of the witness's evidence was questionable, and thus, applied the Murray direction to assess the disputed facts. In determining the objective seriousness of the offending, the court considered the brutal nature of the attack and the circumstances of the disposal of the body. The court also took into account the subjective factors relevant to the offenders, such as their background, remorse, and prospects for rehabilitation, in accordance with the principles set out in Bugmy. The court found that the offenders' actions exhibited special circumstances, which warranted a reduced sentence.
The court ultimately sentenced both offenders to a term of imprisonment, taking into account the objective seriousness of the offending, the subjective factors relevant to the offenders, and the principles set out in Bugmy. The court found that a sentence of 25 years imprisonment, with a non-parole period of 19 years, was appropriate for both offenders. The court also ordered that the offenders be subject to good behaviour bonds for a period of 10 years following their release from prison. This decision provides guidance for sentencing courts when dealing with cases involving murder, unreliable witness evidence, and the principles set out in Bugmy.
Orders
Orders of the court
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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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