R v Goodacre - [2024] NSWDC 432

District Court

New South Wales

Medium Neutral Citation: R v Goodacre [2024] NSWDC 432
Hearing dates: 17 July 2024
Date of orders: 17 July 2024
Decision date: 17 July 2024
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of imprisonment of 7 years 3 months with a non-parole period of 4 years

Catchwords:
CRIME — Violent offences — Assault occasioning actual bodily harm — Offensive weapon with intent to commit indictable offence
CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation
CRIME — Property offences — Destroying or damaging property — Larceny
CRIME — Summary offences — Custody of knife in public place
SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions
SENTENCING — Guidelines for sentencing — Role of guidelines
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — Moral culpability — Objective seriousness — Middle range for Sequence 6 — Consideration of community protection — Purposes of sentencing
SENTENCING — Sentencing procedure — Instinctive synthesis
SENTENCING — Subjective considerations on sentence — Drug addiction — Intoxication — Stimulant and Opioid Use Disorders — Learning deficiencies — Childhood sexual abuse

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
BH v R [200023] NSWCCA 278
Cahyadi v R [2007] NSWCCA 1
Dungay v R [2020] NSWCCA 209
Eaton v R [200023] NSWCCA 125
FL v R [2020] NSWCCA 114
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Owen v R [2022] NSWCCA 214
Postiglione v The Queen [1997] HCA 26 (1997) 189 CLR 295
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149

Texts Cited:
Australian Federal Government, Royal Commission, Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (December 2017)

Category: Sentence
Parties: Adam Goodacre (the offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
A Booker (for the offender)
Solicitors:
Legal Aid (NSW) for the offender
J Loosley, solicitor for the Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2023/212462

JUDGMENT – ex tempore revised

Agreed Facts

In the morning of 3 July 2023 Adam Goodacre committed serious and disturbing offences. He left the home where he was staying in southern Wollongong at about 4.20am to 4.30am. A relatively short distance from that home he smashed the window of a parked car and took some property from it. The owner of the car saw something was going on. He chased Goodacre and asked him to stop. A confrontation occurred. In the course of the confrontation Goodacre took a knife from his sleeve. With the knife out he walked towards the person whose car had been damaged, saying, “have a go at this cunt brah, I’ll fucken go yah, I’ll stab ya”. His victim scrambled…

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 Goodacre

Details

AGLC: R v Goodacre [2024] NSWDC 432
Case: [2024] NSWDC 432
Decision Date: 17 July 2024

CaseChat Overview and Summary

The case of R v Goodacre involved the defendant, Goodacre, who faced multiple charges including assault occasioning actual bodily harm, break and enter with intent to commit a serious indictable offence, destroying or damaging property, and possession of a knife in a public place. The defendant pled guilty to all charges and the matter was heard in the Supreme Court of Queensland. The court was tasked with determining the appropriate sentence for Goodacre, taking into account various aggravating and mitigating factors.

The legal issues before the court encompassed the principles of sentencing, including the role of sentencing guidelines, the consideration of aggravating and mitigating factors, and the purposes of sentencing. The court had to evaluate the nature and circumstances of the offences, Goodacre's criminal history, his plea of guilty, and the impact of his drug addiction, intoxication, learning deficiencies, and childhood sexual abuse on his moral culpability and objective seriousness of the offences. The court also had to consider the relevance of community protection and deterrence in arriving at a just sentence.

In its reasoning, the court applied the principle of instinctive synthesis to weigh the relevant factors in determining the appropriate sentence. The court acknowledged the seriousness of Goodacre's criminal conduct, the breach of his conditional liberty, and his record of previous convictions. However, it also considered the mitigating factors, including Goodacre's early guilty plea, his drug addiction, intoxication, learning deficiencies, and childhood sexual abuse. Ultimately, the court determined that an aggregate sentence of imprisonment of 7 years and 3 months with a non-parole period of 4 years was appropriate, reflecting the principles of sentencing and the need for community protection.

The court's orders were that Goodacre be sentenced to imprisonment for a total of 7 years and 3 months, with a non-parole period of 4 years. This sentence balanced the need for punishment and deterrence with the mitigating factors present in Goodacre's case.

Orders

Orders of the court

Aggregate sentence of imprisonment of 7 years 3 months with a non-parole period of 4 years

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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Medium Neutral Citation:	R v Goodacre [2024] NSWDC 432
Hearing dates:	17 July 2024
Date of orders:	17 July 2024
Decision date:	17 July 2024
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of imprisonment of 7 years 3 months with a non-parole period of 4 years
Catchwords:	CRIME — Violent offences — Assault occasioning actual bodily harm — Offensive weapon with intent to commit indictable offence CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation CRIME — Property offences — Destroying or damaging property — Larceny CRIME — Summary offences — Custody of knife in public place SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — Moral culpability — Objective seriousness — Middle range for Sequence 6 — Consideration of community protection — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Intoxication — Stimulant and Opioid Use Disorders — Learning deficiencies — Childhood sexual abuse
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	BH v R [200023] NSWCCA 278 Cahyadi v R [2007] NSWCCA 1 Dungay v R [2020] NSWCCA 209 Eaton v R [200023] NSWCCA 125 FL v R [2020] NSWCCA 114 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Owen v R [2022] NSWCCA 214 Postiglione v The Queen [1997] HCA 26 (1997) 189 CLR 295 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149
Texts Cited:	Australian Federal Government, Royal Commission, Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (December 2017)
Category:	Sentence
Parties:	Adam Goodacre (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: A Booker (for the offender) Solicitors: Legal Aid (NSW) for the offender J Loosley, solicitor for the Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2023/212462