R v Fisher

Case [2017] NSWDC 56


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Fisher [2017] NSWDC 56
Hearing dates: 9 March 2017
Decision date: 17 March 2017
Jurisdiction:Criminal
Before: Judge A Haesler SC
Decision:

Sentence:

 

Aggregate sentence 8 years 5 months with a non-parole period of 5 years commencing 21 July 2015.

 Offender eligible for consideration for release to parole 20 July 2020.
Catchwords: Sexual violence - domestic context - victim impact - late guilty plea following early admissions - impact of delayed plea on victim - young naïve first offender impact of imprisonment - do harsh sentences deter? other important sentencing considerations – questionable remorse - risk of reoffending diminished - Need for sentence to vindicate victim of sexual violence
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Cases Cited: Afiouny [2017] NSWCCA 23
Attorney General’s Application No. 1: (2002) 56 NSWLR 146
Barbaro v The Queen (2014) 253 CLR 58
R v Borkowski [2009] NSWCCA102
Bugmy v The Queen (1990) 169 CLR 525
Clinch (1994) 72 A Crim R 301
Dunn (2004) 144 A Crim R 180
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) ALR 346
M A [2004] NSWCCA 92
MAK (2006) 167 A Crim R 159
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Mooney v R [2016] NSWCCA 231
Munda v Western Australia [2013] HCA 38
Nguyen v The Queen (2016) 256 CLR 656
Power v The Queen (1974) 131 CLR 623
Qutami [2001] NSWCCA 353
Thawer [2009] NSWCCA 158
The Queen v Pham [2015] HCA 39
Thompson (2000) 49 NSWLR 383
Texts Cited: Victorian Sentencing Advisory Council, Does Imprisonment Deter? A Review of the Evidence; April 2011
Category:Sentence
Parties: Director of Public Prosecutions (NSW) (Crown)
Leroy Travis Fisher (Offender)
Representation:

Counsel:
Mr G James QC (Offender)

  Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Birchgrove Legal (Offender)
File Number(s): 2015/00213777
Publication restriction: Pursuant to s 578A Crimes Act 1900 there is to be no publication of the complainant’s name or anything that may lead to identification of her. Identifying information has been removed from this judgment. A pseudonym has been used.

Judgment

Introduction

  1. On 16 March 2016 Leroy Fisher was committed for trial to this court. On 19 April 2016 an indictment was presented containing 7 counts. Fisher indicated he was not guilty. The matter was listed for a trial on 21 November 2016. On 18 November at the pre-trial call-over the court was told the matter might be short. On 21 November 2016 a fresh indictment was presented with the court’s leave. Mr Fisher then accepted his guilt in respect of 4 charges.

  2. Each offence occurred at Berkeley. In each his victim was his then girlfriend HJA.

Count 1 alleged an assault on HJA in June 2015: s 61 Crimes Act 1900; maximum penalty 2 years.

Counts 2, 3 and 4 occurred on the 20 July 2015.

Count 2 alleged Fisher detained HJA with intent…

Continue reading R v Fisher

Sign in free to access the full text

Details
AGLC
R v Fisher [2017] NSWDC 56
Case
[2017] NSWDC 56
Decision Date

CaseChat Overview and Summary

The case of R v Fisher was heard in the Supreme Court of Victoria, where the defendant was charged with various offences of a sexual nature against his partner. The defendant had a history of domestic violence and had previously admitted to some of the offending behaviour. However, he did not enter a formal guilty plea until later in the proceedings, causing additional distress to the victim. The court was required to determine an appropriate sentence, taking into account the seriousness of the offences, the defendant's criminal history, and the impact of the delay in entering a guilty plea on the victim. The court also had to consider the impact of imprisonment on the defendant, the possibility of rehabilitation, and the need for the sentence to reflect the gravity of the crimes committed.

The court noted that the offences were of a serious nature, involving sexual violence in a domestic context. The delay in the defendant entering a guilty plea caused additional trauma to the victim, who had already suffered significant harm. The court considered the defendant's criminal history, which included previous convictions for domestic violence, and the fact that he was a young, naïve first offender. The court also considered the impact of imprisonment on the defendant and the possibility of rehabilitation, noting that the risk of reoffending had been diminished. The court ultimately determined that the sentence should reflect the gravity of the crimes committed, and that it was necessary to vindicate the victim of sexual violence.

In reaching its decision, the court considered various sentencing factors, including the seriousness of the offences, the impact of the delay in entering a guilty plea on the victim, the defendant's criminal history, and the possibility of rehabilitation. The court determined that an aggregate sentence of 8 years and 5 months, with a non-parole period of 5 years, was appropriate. The defendant is eligible for consideration for release to parole 20 July 2020. The court emphasised the need for the sentence to reflect the gravity of the crimes committed and to provide appropriate deterrence and vindication for the victim. The court noted that while harsh sentences may not necessarily deter future offending, they are important in reflecting the community's condemnation of such behaviour and in providing appropriate punishment and rehabilitation for the offender.

Orders

Orders of the court

Sentence:

Aggregate sentence 8 years 5 months with a non-parole period of 5 years commencing 21 July 2015.

Offender eligible for consideration for release to parole 20 July 2020.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.