| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL LAW DIVISION
S CR 2014 0187
Between:
| THE QUEEN | |
| and | |
| BROK HUGHES | Accused |
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 & 3 June 2015 | |
DATE OF SENTENCE: | 26 June 2015 | |
CASE MAY BE CITED AS: | R v Hughes | |
MEDIUM NEUTRAL CITATION: | [2015] VSC 312 | |
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CRIMINAL LAW – Sentence – Intentionally causing injury to two children – Child homicide – Accused smacked three-year-old boy on buttocks, causing bruising and substantial pain – Next day, accused struck first boy’s two-year-old brother on buttocks with wooden part of coat-hanger, causing lineal bruising and substantial pain – Fifteen minutes later, accused threw first child onto bed, causing him to strike head on wall/bed-head and suffer catastrophic brain injury – Delay in calling ambulance – Child died in hospital – Vulnerability of young children – Breach of trust – Accused aged 25 with no prior convictions – Admissions – Early pleas of guilty – Remorse – Good prospects of rehabilitation – Opprobrium in gaol – General deterrence, just punishment and denunciation – Whether, in cases where deceased child is under six years of age, manslaughter ousted by provision creating offence of child homicide – Comparison with sentences for manslaughter of young children – Lawful correction of children – Sentence on first injury offence of eight months’ gaol – Sentence on second injury offence of 12 months’ gaol – Sentence on child homicide of nine years’ gaol – With partial cumulation, total effective sentence of nine-and-a-half years’ gaol with non-parole period of six years and three months – But for pleas of guilty, total effective sentence in the order of 13-and-a-half years’ gaol with a non-parole period in the order of ten-and-a-half years – Crimes Act 1958 (Vic), ss 5, 5A, 6, 15 & 18; Sentencing Act 1991 (Vic), ss 5 & 6AAA.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J Champion QC DPP with Ms S Coombes | Office of Public Prosecutions |
| For the Accused | Ms R Sleeth | Victoria Legal Aid |
HIS HONOUR:
Introduction
Overview of offending
On 9 May 2014, Brok Hughes, in a fit of anger, grabbed Zane Bradbury by the back of the neck and threw him towards his bed. As he landed, Zane’s head struck the corner of the bed frame and the wall, and possibly the window sill – it is not clear which. Either way, the force was such that Zane suffered a catastrophic sheering injury to his brain from which he later died.
The gravity of the incident is increased substantially when regard is had to the fact that Mr Hughes was a 25-year-old man entrusted with the care of Zane, who was just a little boy about to turn four years of age. Zane’s sin was to have angered Mr Hughes by ripping a curtain rod from the lounge curtains. Mr Hughes overreacted grossly and criminally. And now Zane is dead.
Only a short while earlier, Zane’s brother Chase, who was…
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- AGLC
- R v Hughes [2015] VSC 312
- Case
- [2015] VSC 312
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the provisions creating the offence of child homicide in the Crimes Act 1958 (Vic) applied in cases where the deceased child was under six years of age, and if so, how to appropriately sentence the accused for the series of offences. The court also needed to consider the principles of general deterrence, just punishment, and denunciation, as well as the impact of the accused's early guilty pleas on the sentence. The court had to balance the severity of the accused's actions against the possibility of rehabilitation and the opprobrium experienced in gaol.
The court found that the provisions creating the offence of child homicide did apply in cases where the deceased child was under six years of age. The court sentenced the accused to eight months’ gaol for the first injury offence, 12 months’ gaol for the second injury offence, and nine years’ gaol for the child homicide. The sentences were partially cumulative, resulting in an effective sentence of nine-and-a-half years’ gaol, with a non-parole period of six years and three months. The court acknowledged that, but for the early guilty pleas, the total effective sentence would have been in the order of 13-and-a-half years’ gaol with a non-parole period in the order of ten-and-a-half years. The court considered the appropriate balance between the various sentencing principles, resulting in the sentence imposed.
The final orders of the court were that the accused be sentenced to a total effective sentence of nine-and-a-half years’ gaol, with a non-parole period of six years and three months. This sentence took into account the severity of the accused's actions, the vulnerability of the young children, the breach of trust, and the accused's remorse and prospects of rehabilitation. The court also considered the principles of general deterrence, just punishment, and denunciation, as well as the impact of the early guilty pleas on the sentence.
Orders
Orders of the court
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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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