R v Evans - [2020] ACTSC 285

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Evans
Citation:	[2020] ACTSC 285
Hearing Date:	30 September 2020
DecisionDate:	15 October 2020
Before:	Burns J
Decision:	See [21]–[26]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – trial by judge alone – unlawful confinement – intentionally inflicting actual bodily harm – making a demand accompanied by a threat – lengthy criminal history – poor prospects of rehabilitation – consideration of general deterrence
Legislation Cited:	Crimes Act 1900 (ACT) ss 23(1), 32(2), 34 Criminal Code 2002 (ACT) s 45A
Cases Cited:	R v Evans; R v Stott [2020] ACTSC 220
Parties:	The Queen (Crown) David Micheal Evans (Offender)
Representation:	Counsel K Lee (Crown) J Moffett (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) McKenna Taylor (Offender)
File Number:	SCC 156 of 2019

BURNS J:

David Evans, you appear before me today to be sentenced for one offence of

unlawful confinement, contrary to s 34 of the Crimes Act 1900 (ACT) (the Crimes Act) by virtue of s 45A of the Criminal Code 2002 (ACT) (the Criminal Code), one offence of intentionally inflicting actual bodily harm, contrary to s 23(1) of the Crimes Act by virtue of s 45A of the Criminal Code, and one offence of making a demand accompanied by a threat, contrary to s 32(2) of the Crimes Act by virtue of s 45A of the Criminal Code. All offences occurred on 18 January 2019.

The offences of unlawful confinement and making a demand accompanied by a threat carry a maximum penalty of 10 years’ imprisonment. The offence of intentionally inflicting actual bodily harm carries a maximum penalty of five years’ imprisonment.

I found these offences proved after a trial by judge alone which took place in May and June 2020. I handed down my findings on 14 August 2020: R v Evans; R v Stott [2020] ACTSC 220.

In brief, I am satisfied that as part of a joint criminal enterprise you and your co-offender, Sharon Stott, unlawfully confined the victim at an address in suburban Canberra for approximately one hour on 18 January 2019. During this unlawful confinement,

Ms Stott made demands of the victim that he pay her the sum of $20,000. She represented to the victim that this was a debt which he had owed her for 10 years. I am satisfied that there was no debt and she invented the supposed debt as a pretext to extort money from the victim. You were armed with a baseball bat and made multiple threats to cause serious physical injury to the victim during the period that he was unlawfully confined and during which Ms Stott was demanding that he pay the $20,000. As I said in my judgment on 14 August 2020, I am satisfied that you and Ms Stott were acting in concert as part of an agreement to stand over the victim, by which I mean that there was an agreement that Ms…

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 Evans

Details

AGLC: R v Evans [2020] ACTSC 285
Case: [2020] ACTSC 285
Decision Date: 15 October 2020

CaseChat Overview and Summary

The case of R v Evans involved the defendant, Evans, who was brought before the court on charges of unlawful confinement, intentionally inflicting actual bodily harm, and making a demand accompanied by a threat. The case was heard in the Supreme Court of Australia, which was tasked with determining the appropriate sentence for Evans, who had a lengthy criminal history and poor prospects of rehabilitation. The court was required to consider various legal issues, including the principles of sentencing for crimes of this nature, the defendant’s criminal history, and the need for general deterrence.

The primary legal issues before the court were the appropriate weight to be given to Evans' criminal history, the severity of the current offences, and the need to balance retribution with general deterrence. The court needed to decide whether the sentence should reflect the severity of the current offences, the need to deter both the defendant and the public from similar conduct, and the prospects for rehabilitation. The court was also required to consider the principles of proportionality and consistency in sentencing.

In reaching its decision, the court noted that Evans had a significant criminal history and had shown little sign of rehabilitation. The court emphasised the need for general deterrence, given the nature of the crimes committed. It considered that the offences were severe, involving both unlawful confinement and actual bodily harm, and that they were accompanied by threats. The court found that a substantial sentence was necessary to achieve the objectives of retribution, deterrence, and protection of the community. The court ultimately determined that a lengthy custodial sentence was appropriate, taking into account the defendant's criminal history and the need for general deterrence.

The court ordered that Evans be sentenced to a term of imprisonment, with specific details of the sentence provided in paragraphs [21] to [26] of the judgment. The sentence reflected the gravity of the offences, the defendant's criminal history, and the need for general deterrence. The court emphasised that the sentence was designed to achieve a balance between the principles of retribution, deterrence, and rehabilitation, taking into account the specific circumstances of the case.

Orders

Orders of the court

See [21]–[26]

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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