R v Horton - [1999] NSWSC 983

CITATION: R v Horton [1999] NSWSC 983

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): 70046/96

HEARING DATE(S): 17-18 August, 24 September 1999

JUDGMENT DATE:
24 September 1999

PARTIES :

Regina
Anne Yvonne Horton

JUDGMENT OF: Studdert J

COUNSEL : M. McAdam QC (Crown)
C. Bruce (Prisoner)

SOLICITORS: Director of Public Prosecutions (Crown)
Legal Aid Commission (Prisoner)

CATCHWORDS:

ACTS CITED: Sentencing Act

CASES CITED: R v Horton (1998) 45 NSWLR 426
R v Troja (unreported, NSWCCA, 16 July 1991)
R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Dodd (1991) 57 A Crim R 349

DECISION: See para 44

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

STUDDERT J
Friday 24 September 1999

70046/96 REGINA v ANNE YVONNE HORTON
SENTENCE
1   HIS HONOUR: The prisoner, Anne Yvonne Horton, upon arraignment before Mr Justice Barr on 19 March 1999 on an indictment charging her with murder, pleaded guilty to the manslaughter of Michael O’Hara Fitzgerald at Sandy Beach on 18 December 1995. The Crown accepted the prisoner’s plea in satisfaction of the indictment and a conviction was then recorded. The prisoner came before this Court at Lismore on 17 August 1999 when evidence on sentence was received. On the following day submissions on sentence were made and the prisoner is now before this Court for sentencing.
2   The prisoner earlier stood trial in the Supreme Court at Coffs Harbour in November 1997 charged with the murder of the deceased. The prisoner was convicted of murder on 24 November 1997 but a subsequent appeal to the Court of Criminal Appeal was successful. The prisoner’s conviction was quashed and a new trial was ordered on 20 December 1998: R v Horton (1998) 45 NSWLR 426. There then followed the plea of guilty to manslaughter in the circumstances I have outlined.
3   No oral evidence was presented before me. The Crown tendered:

(i) the summing up by Newman J at the earlier trial;

(ii) the transcript of evidence taken at that trial;

(iii) the transcript of evidence taken on the earlier proceedings on sentence;
(iv) the statement of Det. Senior Constable Wellings of 6 March 1999 relating to his investigations into the death of the deceased, together with the photographs of the deceased, the knife used, various items of clothing and the scene of the crime.

4   Mr Bruce, who appeared for the prisoner, tendered certain extracts of the evidence at the earlier trial, which duplicate in part the Crown’s tender earlier identified, but which marshal in a convenient form those passages of the earlier evidence of the witness Cheryl Douglas upon which Mr Bruce wished to focus in his submissions. Mr Bruce also tendered certain certificates and references on behalf of the prisoner.
5   The crime was committed at premises at 14 Wattle Place, Sandy Beach. The deceased sustained a stab wound to the left side of the chest puncturing the heart. I will consider the nature of this injury more closely later. This wound was inflicted by the prisoner using a…

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 Horton

Details

AGLC: R v Horton [1999] NSWSC 983
Case: [1999] NSWSC 983
Decision Date: 24 September 1999

CaseChat Overview and Summary

Anne Yvonne Horton, the appellant, was convicted of the manslaughter of Michael O'Hara Fitzgerald following a plea of guilty. The case, R v Horton, was heard by Studdert J in the Supreme Court of New South Wales. The primary legal issue before the court was to determine an appropriate sentence for the manslaughter committed by Horton, taking into account the circumstances of the crime, her background, and the impact of her chronic alcoholism.

Studdert J meticulously analyzed the evidence presented, particularly focusing on the nature of the fatal stab wound and the extent of Horton's intoxication at the time of the incident. The court found that Horton had stabbed Fitzgerald with a clasp knife, causing injuries that were fatal. Although Horton's intoxication significantly impaired her judgment and physical coordination, it did not excuse her actions. The court also considered Horton's troubled background, marked by a history of violence and chronic alcoholism, which influenced her actions. Despite the mitigating factors, the court emphasized the gravity of the crime, the unlawful use of a knife, and the need for deterrence.

In delivering the judgment, Studdert J highlighted the importance of considering both the objective and subjective circumstances of the case. While acknowledging the mitigating factors, such as Horton's plea of guilty and her efforts towards rehabilitation in custody, the court imposed a sentence of eight years of penal servitude. This sentence reflected the seriousness of the crime and aimed to balance the need for punishment with the potential for rehabilitation. The court set a minimum term of five years and an additional term of three years, with the sentence backdated to the date of Horton's arrest.

Orders