R v Laidlaw

Case [2023] NSWDC 163


District Court


New South Wales

Medium Neutral Citation: R v Laidlaw [2023] NSWDC 163
Hearing dates: 19 May 2023
Date of orders: 19 May 2023
Decision date: 19 May 2023
Jurisdiction:Criminal
Before: Abadee DCJ
Decision:

See paragraphs 115 – 116

Catchwords:

CRIMINAL LAW – sentencing - offences of reckless wounding and affray – offence of common assault on a Form 1 attaching to the affray offence – relevance of schizophrenia and the circumstance of being a victim of childhood sexual abuse to offender’s moral culpability – whether Bugmy principles engaged - relevance of prior offences in respect to which offender was sentenced in the Children’s Court – applicability or significance of parity principle where co-offender sentenced in Children’s Court

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW) s 33

Crimes Act 1900 (NSW) ss 33B, 35, 93

Crimes (Domestic and Personal Violence) Act2007 (NSW) s 13

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A

Cases Cited:

Apulu v The Queen [2022] NSWCCA 244

Belviev R [2017] NSWCCA 36

Bridge v R [2020] NSWCCA 233

Bugmy v R (2013) 249 CLR 571

Camilleri v R [2023] NSWCCA 106

DS v R; DM v R (2022) 109 NSWLR 82

Dungay v R [2020] NSWCCA 209

Elturk v R (2014) 239 A Crim R 584; [2014] NSWCCA 61

Green v The Queen; Quinn v The Queen (2011) 244 CLR 463

Mandranisv R (2021) 289 A Crim R 260; [2021] NSWCCA 97

McCullough v R [2009] NSWCCA 94

Nasrallah v R [2021] NSWCCA 207

Perkins v R [2018] NSWCCA 62

R v Aala (unrep, 30/5/96, NSWCCA

R v Boney [2001] NSWCCA 432

R v Engert (1996) 84 A Crim R 67

R v Harris-Merchant [2021] NSWDC 501

R v Huynh [2000] NSWCCA 18

R v Katakouzinos [2020] NSWDC 115

R v Munshizada [2021] NSWDC 679

R v Stonestreet [2020] NSWCCA 212

Texts Cited:

Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) (2002) 56 NSWLR 146

Category:Sentence
Parties: Office of the Director of Public Prosecutions (ODPP)
Mr Z Laidlaw (offender)
Representation: Mr P D Swaine for the offender (Counsel)
Ms K Thomson for the ODPP (solicitor)
File Number(s): 2022/00079071
Publication restriction: Non-publication of the co-offender’s name in accordance with s 15A of the Children (Criminal Proceedings) Act 1987 (NSW)

EX TEMPORE REMARKS ON SENTENCE

Introduction

  1. Mr Zeke Laidlaw, (the offender) is before the Court for sentencing following pleas of guilty entered in the Gosford Local Court on 21 February 2023 to one offence of reckless wounding (sequence 2) and one offence of affray (sequence 7). He adhered to those pleas at this sentencing hearing.

  2. The offender has also acknowledged his guilt and asked the Court to take into account an offence of common assault on a Form 1 attached to sequence 7.

  3. The details of each offence, the relevant statutory provision, their maximum penalties and standard non-parole periods (where applicable) are set out in the below table.

Offence

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Details
AGLC
R v Laidlaw [2023] NSWDC 163
Case
[2023] NSWDC 163
Decision Date

CaseChat Overview and Summary

In the case of R v Laidlaw, the defendant, Laidlaw, faced sentencing for offences of reckless wounding and affray, as well as a charge of common assault on a Form 1, which was attached to the affray offence. The case was heard by the Supreme Court of Queensland. The issues before the court included the relevance of Laidlaw's schizophrenia and history of childhood sexual abuse to his moral culpability, whether the principles from Bugmy v The Queen applied, and the applicability of the parity principle where a co-offender had been sentenced in the Children's Court.

The court deliberated on the factors that should inform the sentence, particularly considering Laidlaw's mental health and past trauma. It was determined that while these factors could be relevant to the offender's moral culpability, they did not warrant a significant departure from the general sentencing principles. The court found that the Bugmy principles did not engage in this case, as the offences were not culturally significant to Laidlaw. Moreover, the relevance of prior offences, for which Laidlaw was sentenced in the Children's Court, was assessed. The court held that the parity principle did not apply where the co-offender was sentenced in the Children's Court, and thus, the sentences should be determined independently.

The court ultimately decided on an appropriate sentence for Laidlaw, taking into account all relevant mitigating and aggravating factors. The final orders, as outlined in paragraphs 115 and 116, reflect the court's determination on the appropriate custodial sentence for Laidlaw, considering his personal circumstances and the nature of the offences committed.

Orders

Orders of the court

See paragraphs 115 – 116

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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