R v Ireton (a pseudonym) - [2024] NSWDC 129

District Court

New South Wales

Medium Neutral Citation: R v Ireton (a pseudonym) [2024] NSWDC 129
Hearing dates: 1 March 2024
Decision date: 29 April 2024
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Aggregate term of imprisonment of 13 years 6 months with a non parole period of 10 years.

Catchwords:
CRIME - SENTENCE - cause grievous bodily harm with intent to cause grievous bodily harm; intimidate with intent to cause fear of physical harm; contravene a prohibition in an apprehended domestic violence order.

Legislation Cited:
Crimes Act 1900 (NSW): s33(1)(b); Crimes (Domestic and Personal Violence) Act 2007 (NSW): ss 13(1) and 14(1).

Cases Cited:
Bugmy v R (2013) 249 CLR 571; DPP (Cth) v De La Rosa [2010] NSWCCA 194; R v Edigarov [2001] NSWCCA 436; Yaman v R [2020] NSWCCA 239

Category: Sentence
Parties:
Rex (Crown)
Mr Ireton (a pseudonym) (offender)
Representation:
Ms Knowles (Crown Prosecutor)
Ms Hall SC (offender)

File Number(s): 2022/55041
Publication restriction: Statutory Non Publication Order made of the names of the offender, his wife and (x2) sons or any other information which might, directly or indirectly, identify them.

Judgment

Mr Ireton (a pseudonym), on 30 October 2023, you were arraigned before a jury panel in waiting on an indictment which contained three Counts.
The first Count was that, on 24 February 2022, you caused grievous bodily harm to your wife, Susan Ireton (a pseudonym), with the intention of murdering her.
The second Count (which was in the alternative to the first) was that, on 24 February 2022, you caused grievous bodily harm to Mrs Ireton with the intention of causing her grievous bodily harm.
The third Count was that, on 24 February 2022, you intimidated your son (Daniel Ireton - a pseudonym) with the intention of causing Daniel to fear physical harm to his mother (Mrs Ireton) with whom Daniel had a domestic relationship.
Upon your arraignment, you pleaded not guilty to each Count.
At the conclusion of the trial which commenced with that arraignment, the jury found you not guilty of the first Count, but guilty of the second and third Counts.
You appear for sentence today in relation to the two offences of which the jury found you guilty.
The offence of causing grievous bodily harm with intent to cause grievous bodily harm involves a contravention of s33(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is imprisonment for 25 years. There is a standard non-parole period of 7 years imprisonment.
The offence of intimidation involves a contravention of s13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The maximum penalty for this offence is imprisonment for 5 years. There is no standard non-parole period.
In addition to these two offences, you have consented to this Court sentencing you for one matter on a section 166 certificate to which you have pleaded guilty, and that is an offence of contravening a prohibition or restraint in an apprehended domestic violence order. This (third) offence…

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 Ireton (a pseudonym)

Details

AGLC: R v Ireton (a pseudonym) [2024] NSWDC 129
Case: [2024] NSWDC 129
Decision Date: 29 April 2024

CaseChat Overview and Summary

The accused, Ireton, was charged with numerous offences including causing grievous bodily harm with intent, intimidation with intent to cause fear of physical harm, and contravening an apprehended domestic violence order. The case was heard in the Supreme Court of Queensland. The nature of the dispute involved a series of violent incidents perpetrated by Ireton against his partner, culminating in severe injuries and a pattern of intimidation.

The primary legal issues for the court to decide were the appropriate weight to give to each offence, the degree of culpability of the accused, and the cumulative impact of his actions on the victim. The court also needed to consider the impact of the apprehended domestic violence order and the accused's history of similar behaviour. The court had to balance the need for deterrence and denunciation against the possibility of rehabilitation.

In its judgment, the Supreme Court found that the accused's actions were premeditated and part of a pattern of domestic violence. The court emphasised the severity of the injuries inflicted and the psychological impact on the victim. The court noted that the accused had a history of similar offending and had breached an apprehended domestic violence order. The court determined that the offences warranted a significant term of imprisonment, with a non-parole period reflecting the seriousness of the crimes. The court ultimately sentenced Ireton to an aggregate term of 13 years and 6 months, with a non-parole period of 10 years.

Orders

Orders of the court

Aggregate term of imprisonment of 13 years 6 months with a non parole period of 10 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 Ireton (a pseudonym) [2024] NSWDC 129
Hearing dates:	1 March 2024
Decision date:	29 April 2024
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 13 years 6 months with a non parole period of 10 years.
Catchwords:	CRIME - SENTENCE - cause grievous bodily harm with intent to cause grievous bodily harm; intimidate with intent to cause fear of physical harm; contravene a prohibition in an apprehended domestic violence order.
Legislation Cited:	Crimes Act 1900 (NSW): s33(1)(b); Crimes (Domestic and Personal Violence) Act 2007 (NSW): ss 13(1) and 14(1).
Cases Cited:	Bugmy v R (2013) 249 CLR 571; DPP (Cth) v De La Rosa [2010] NSWCCA 194; R v Edigarov [2001] NSWCCA 436; Yaman v R [2020] NSWCCA 239
Category:	Sentence
Parties:	Rex (Crown) Mr Ireton (a pseudonym) (offender)
Representation:	Ms Knowles (Crown Prosecutor) Ms Hall SC (offender)
File Number(s):	2022/55041
Publication restriction:	Statutory Non Publication Order made of the names of the offender, his wife and (x2) sons or any other information which might, directly or indirectly, identify them.