SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Freeman-Quay (No 3) |
Citation: | [2015] ACTSC 284 |
Hearing Date: | 4 September 2015 |
DecisionDate: | 4 September 2015 |
Before: | Murrell CJ |
Decision: | Total sentence of 26 months’ imprisonment, suspended after nine months upon the offender entering into a good behaviour order for 2 years. Fined $750. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – particular offences – offences against the person – causing grievous bodily harm – assault occasioning actual bodily harm – common assault – general deterrence |
Legislation Cited: | Crimes Act 1900 (ACT) ss 20, 24, 25, 26, 49 Crimes (Sentencing) Act 2005 (ACT) s 7 |
Cases Cited: | R v Barbaro (Unreported, Supreme Court of the ACT, Penfold J, 17 June 2010) R v Srikandakumar (Unreported, Supreme Court of the ACT Murrell CJ, 8 April 2014) |
Parties: | The Queen (Crown) Levi Freeman-Quay (Offender) |
Representation: | Counsel Ms S McMurray (Crown) Mr K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Offender) | |
File Numbers: | SCC 5 of 2014; SCC 51 of 2015 |
MURRELL CJ:
Background
The offender pleaded not guilty to the charge that on 21 September 2013 he recklessly inflicted grievous bodily harm on Matthew Pridham, contrary to s 20 of the Crimes Act 1900 (ACT) (Crimes Act). By operation of s 49 of the Crimes Act the offender was charged with the alternative offence of causing grievous bodily harm, contrary to s 25 of the Crimes Act. The offender pleaded guilty to an associated offence that on 21 September 2013 he assaulted Ray Reynolds and occasioned him actual bodily harm, contrary to s 24 of the Crimes Act. A charge of common assault on Ronnie Burt on 21 September 2013, contrary to s 26 of the Crimes Act, was transferred from the Magistrates Court to be dealt with at the same time.
The trial on the charges of recklessly inflicting grievous bodily harm and common assault proceeded by way of a judge alone trial in May and July 2015. On 31 August 2015, I returned a verdict of not guilty of recklessly inflicting grievous bodily harm on Mr Pridham but guilty of causing grievous bodily harm to Mr Pridham. I also found that the offender was guilty of common assault on Mr Burt: R v Freeman-Quay (No 1) [2015] ACTSC 262
The offender is to be sentenced for three matters:
(a)Causing grievous bodily harm to Mr Pridham. The maximum available penalty is five years’ imprisonment.
(b)Assault occasioning actual bodily harm to Mr Reynolds. The maximum available penalty is five years’ imprisonment.
(c)Common assault on Mr Burt. The maximum available penalty is two years’ imprisonment.
Facts
The factual…
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- AGLC
- R v Freeman-Quay (No 3) [2015] ACTSC 284
- Case
- [2015] ACTSC 284
- Decision Date
CaseChat Overview and Summary
The court had to determine the appropriate weight to be given to various sentencing factors, including the gravity of the offences, the need for general deterrence, and the potential for rehabilitation of the offender. It was necessary to consider the cumulative effect of the offences and the impact on the victims, alongside any mitigating factors that could be presented. The balance between punishment and deterrence, as well as the potential for rehabilitation, were key considerations in arriving at a just outcome.
In reaching its decision, the court thoroughly examined the circumstances of each offence, the harm caused to the victims, and the character and background of Freeman-Quay. The court concluded that while the offences were serious, there were mitigating factors that warranted a sentence that included a period of imprisonment followed by a period of supervision and rehabilitation. The court ultimately imposed a total sentence of 26 months’ imprisonment, which was suspended after nine months on the condition that Freeman-Quay entered into a good behaviour order for two years and paid a fine of $750.
Orders
Orders of the court
Total sentence of 26 months’ imprisonment, suspended after nine months upon the offender entering into a good behaviour order for 2 years. Fined $750.
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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