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R v Forbes

R v Forbes

Case [2011] NSWSC 1547 16 December 2011

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Supreme Court

New South Wales

Medium Neutral Citation: R v Forbes [2011] NSWSC 1547
Hearing dates: 23 November 2011
Decision date: 16 December 2011
Jurisdiction: Common Law - Criminal
Before: Harrison J
Decision:
Sentenced to imprisonment for 3 years, with a non-parole period of 1 year and 6 months commencing on 6 August 2011 and expiring on 5 February 2013, and to a balance of term of 1 year and 6 months commencing on 6 February 2013 and expiring on 5 August 2014.

Catchwords: CRIMINAL LAW - sentence - manslaughter - plea of guilty - where offender entered into a joint criminal enterprise to threaten or use unlawful violence against a group including the deceased while some members of the group were armed with crude weapons and one was armed with a loaded shortened firearm - plea entered at first available opportunity - combined discount of 50 per cent for early plea and assistance to authorities
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Cases Cited: Gillard v The Queen [2003] HCA 64; (2003) 219 CLR 1
R v AB [2005] NSWCCA 360; (2005) 156 A Crim R 577
R v Bolt [2001] NSWCCA 487; (2001) 126 A Crim R 284
R v Chai [2000] NSWCCA 320
R v Nguyen [2005] NSWSC 600
R v Stelfox [2001] NSWSC 630
R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151
Wilson v The Queen [1992] HCA 31; (1992) 174 CLR 313
Category: Sentence
Parties: Crown
Daniel James Forbes (Offender)
Representation: P Barnett SC (Crown)
P Winch (Offender)
Solicitor for Public Prosecutions (Crown)
Legal Aid (Offender)

File Number(s): 2010/290999
Publication restriction: Yes

REMARKS ON SENTENCE

HIS HONOUR: The offender Daniel James Forbes was indicted for the manslaughter of Joshua Maynard at Raymond Terrace on or about 29 June 2010. The Crown accepted his plea to that charge on 8 June 2011. He was originally charged with murder and taken into custody on 1 September 2010 where he remained until he was granted bail some 132 days later on 11 January 2011. The murder charge was later withdrawn and replaced by the current charge. The offender's plea to manslaughter, as the Crown properly concedes, was therefore entered at the first available opportunity.

The offence

Except where specifically indicated, I make the following findings of fact, of which I am satisfied beyond reasonable doubt. They are taken from an agreed statement of facts tendered by the Crown on the sentencing proceedings.

The deceased apparently belonged to a group known as "the Raymond Terrace Boys". The offender belonged to a group known as "the Lakeside Crew". On 29 June 2010 at about 9.00pm, members of both groups were involved in an altercation at the intersection of Salamander Place and Mount Hall Road, Raymond Terrace. The deceased and the offender were both present and involved in what occurred at this time. The offender was punched in the face and his friend Christopher Wilson sustained a facial injury and possibly…

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 Forbes

Details

AGLC: R v Forbes [2011] NSWSC 1547
Case: [2011] NSWSC 1547
Decision Date: 16 December 2011

CaseChat Overview and Summary

In the case of R v Forbes, the defendant, Forbes, was charged with manslaughter. The court heard that Forbes had entered into a joint criminal enterprise with others to threaten or use unlawful violence against a group that included the deceased. Some members of this group were armed with crude weapons, and one was armed with a loaded shortened firearm. Forbes entered a plea of guilty at the first available opportunity. The court was tasked with determining an appropriate sentence for the manslaughter, considering the nature of the offence, the role of the defendant within the joint criminal enterprise, and the discount for the early plea and assistance provided to authorities.

The primary legal issue the court had to address was the appropriate level of culpability attributable to Forbes for his role in the manslaughter, given his participation in a joint criminal enterprise and the serious nature of the crime committed. The court also had to consider the sentencing principles applicable to an early guilty plea, which typically result in a discount to the sentence. The court had to balance the discount for the early plea and assistance with the gravity of the offence to arrive at a just sentence.

The court acknowledged the discount for the early plea and the assistance provided to authorities, which amounted to a combined reduction of 50 per cent. However, it also considered the severity of the offence, including the use of a loaded firearm in a joint criminal enterprise and the resulting death. The court ultimately determined that despite the discount, the gravity of the offence warranted a sentence that reflected the serious nature of Forbes's actions and the risk posed to the public. The court imposed a sentence that, after the discount, reflected a balanced approach between punishment and deterrence, taking into account all relevant factors.

Orders