R v Keyes - [2016] ACTSC 387

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Keyes
Citation:	[2016] ACTSC 387
Hearing Date:	8 November 2016
DecisionDate:	10 November 2016
Before:	Refshauge J
Decision:	1. Trevor Glen Keyes be convicted of causing grievous bodily harm to Christopher Raftery by a negligent act on 3 November 2015. 2. Trevor Glen Keyes be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years with the following conditions: (a) a probation condition that you be under the supervision of the Director-General or her delegate for two years or such lesser period as the person supervising you deems appropriate and that you obey all reasonable directions of the person supervising you; and (b) a community service work condition that you perform 80 hours of unpaid community service work within 12 months from 10 November 2016.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – causing grievous bodily harm by a negligent act – guilty plea –subjective circumstances – significant injury suffered by victim not directly inflicted by offender – financial reparation made Good Behaviour Order – community service work condition – general deterrence
Legislation Cited:	Crimes Act 1900 (ACT), ss 20, 25 Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing) Act 2005 (ACT), ss 7, 33(1), 33(1)(q), 33(1)(h)
Cases Cited:	McCullough v The Queen (2009) 194 A Crim R 439 R v Bloomfield (1998) 44 NSWLR 734 R v Byrne [2015] ACTSC 113 R v Obradovic (Unreported, Australian Capital Territory Supreme Court, Burns J, 23 December 2013) R v Perry [2014] ACTSC 99 R v Shevlin [2013] ACTSC 88 R v Srikandakumar (Unreported, Australian Capital Territory Supreme Court, Murrell CJ, 8 April 2014) Siganto v The Queen (1998) 194 CLR 656 Wilson v The Queen (1992) 174 CLR 313
Parties:	The Queen (Crown) Trevor Glen Keyes Defendant)
Representation:	Counsel Mr D Sahu-Khan (Crown) Mr S Whybrow (Defendant)
Solicitors ACT Director of Public Prosecutions (Crown) Ben Aulich & Associates (Defendant)
File Number:	SCC 37 of 2016

REFSHAUGE J:

Regrettably, drunkenness and violence are often associated and while the responsible use of alcohol can be a social benefit, the violence with which it is regrettably often associated is a significant social evil.

On 3 November 2015, the accused, Trevor Glen Keyes, after celebrating on the occasion of the Melbourne Cup, got into a fight with the victim, Christopher Raftery, and assaulted him causing him injuries.

As a result, he was charged with recklessly inflicting grievous bodily harm. He appeared in the ACT Magistrates Court on 4 December 2015 and, after two adjournments, entered a plea of not guilty on 11 March 2016 and was committed to this Court for trial.

Prior to that date, however, his lawyers had, on his behalf, offered by letter dated 12 February 2016, to plead guilty to the less serious charge of causing grievous bodily harm by a negligent act. That plea…

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 Keyes

Details

AGLC: R v Keyes [2016] ACTSC 387
Case: [2016] ACTSC 387
Decision Date: 10 November 2016

CaseChat Overview and Summary

The case before the court involved Trevor Glen Keyes, who was charged with causing grievous bodily harm to Christopher Raftery through a negligent act on 3 November 2015. The case was heard and determined in the Magistrates Court of the Australian Capital Territory. Keyes entered a plea of guilty, and the court was tasked with determining the appropriate sentence.

The legal issues that the court had to resolve included the appropriate penalty for causing grievous bodily harm through negligence, the consideration of subjective circumstances, and the impact of the significant injury suffered by the victim, which was not directly inflicted by the offender. The court also needed to consider the financial reparation made to the victim and the appropriateness of imposing a Good Behaviour Order and community service work conditions as part of the sentence.

In reaching its decision, the court considered the nature of the offence, the circumstances of the incident, and the principles of sentencing for grievous bodily harm. The court found that the injury sustained by the victim was serious and had a significant impact on his life. The court also took into account the fact that Keyes had pleaded guilty and had made financial reparation to the victim. The court imposed a conviction for causing grievous bodily harm and ordered Keyes to sign an undertaking to comply with the offender’s Good Behaviour Obligations for a period of two years. This included being under the supervision of the Director-General or her delegate and performing 80 hours of unpaid community service work within 12 months. The court considered these conditions to be appropriate in the circumstances, taking into account the need for general deterrence.

The court made orders for Keyes to be convicted of causing grievous bodily harm to Christopher Raftery by a negligent act on 3 November 2015. The court also ordered Keyes to sign an undertaking to comply with the offender’s Good Behaviour Obligations for a period of two years. This included being under the supervision of the Director-General or her delegate and performing 80 hours of unpaid community service work within 12 months from 10 November 2016.

Orders

Orders of the court

1. Trevor Glen Keyes be convicted of causing grievous bodily harm to Christopher Raftery by a negligent act on 3 November 2015.

2. Trevor Glen Keyes be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years with the following conditions:

(a) a probation condition that you be under the supervision of the Director-General or her delegate for two years or such lesser period as the person supervising you deems appropriate and that you obey all reasonable directions of the person supervising you; and

(b) a community service work condition that you perform 80 hours of unpaid community service work within 12 months from 10 November 2016.

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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