District Court
New South Wales
Medium Neutral Citation: R v Maher, Trevor Wayne; R v Maher, Troy Patrick [2021] NSWDC 80 Hearing dates: 16 March 2021 Decision date: 18 March 2021 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: Troy Maher:
The offender is convicted. Taking into account a reduction in sentence of 10% for the utilitarian value of the plea of guilty and a finding of special circumstances, I impose a sentence of imprisonment consisting of a non-parole period of 1 year 9 months commencing on 13 December 2019 and expiring on 12 September 2021, with a balance of term of 1 year 6 months. The total term is 3 years 3 months imprisonment.
Trevor Maher:
The offender is convicted. Taking into account a reduction in sentence of 25% for the utilitarian value of the plea of guilty and a finding of special circumstances, I impose a sentence of imprisonment consisting of a non-parole period of 3 years commencing on 10 December 2019 and expiring on 9 December 2022, with a balance of term of 3 years imprisonment. The total term is 6 years imprisonment.
Catchwords: SENTENCING – Mitigating factors – Relevance of background of deprivation and disadvantage – Relevance of childhood exposure to domestic and family violence – Impact of intergenerational trauma where offender’s mother a member of the Stolen Generations – application of the Bugmy Bar Book in sentencing proceedings
Legislation Cited: Crimes(Sentencing Procedure) Act 1999 (NSW), s 21A(1)(d)
Cases Cited: Bugmy v The Queen [2013] HCA 37
R v Mitchell [2007] 177 A Crim R 94
Texts Cited: Andrew Day et al, ‘Indigenous Family Violence: An Attempt to Understand the Problems and Inform Appropriate and Effective Responses to Criminal Justice System Intervention’ (2012) 19 Psychiatry, Psychology and Law 104
Bugmy Bar Book, Aboriginal and Torres Strait Islander Stolen Generations and Descendants (January 2020)
Bugmy Bar Book, Childhood Exposure to Domestic and Family Violence (November 2019)
Category: Sentence Parties: Director of Public Prosecutions
Trevor Wayne Maher
Troy Patrick MaherRepresentation: A Bowens (DPP)
M Cusack (Trevor Maher)
Aboriginal Legal Service NSW/ACT (Troy Maher)
File Number(s): 2019/00389136
2019/00393500
Judgment
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The offenders, Trevor and Troy Maher, are brothers. They have pleaded guilty to serious offences which have resulted in significant injury to the victim, John Jarrett. The circumstances giving rise to the offending conduct, when viewed in the context of the evidence about each offender’s background of deprivation and disadvantage and the violence they witnessed as children, provide an example of the different directions in which the purposes of sentencing sometimes point.
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This is a case which also highlights the devastating impact of a disadvantaged background not only on the individuals who have lived those experiences, but on victims and the community more widely. What follows also highlights the impact of intergenerational trauma and the compounding effect of being exposed to violence and drug use.
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The offenders come before the Court to be sentenced in…
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- Case
- [2021] NSWDC 80
- Decision Date
CaseChat Overview and Summary
The court examined the mitigating factors presented by the defence, emphasising the significant impact of the defendants' backgrounds on their offending behaviour. The court recognised the relevance of the defendants' upbringing in environments marked by deprivation and disadvantage, as well as their exposure to domestic and family violence. Additionally, the court considered the intergenerational trauma stemming from the mother's history as a member of the Stolen Generations. The Bugmy Bar Book was applied to provide insight into the cultural and social contexts that shaped the defendants' lives and actions, allowing for a more nuanced sentencing approach. The court found these factors to constitute special circumstances, which warranted a reduction in the defendants' sentences.
Troy Patrick Maher was sentenced to a total term of 3 years 3 months imprisonment, with a non-parole period of 1 year 9 months. Trevor Wayne Maher received a sentence of 6 years imprisonment, with a non-parole period of 3 years. The court balanced the gravity of the offences with the mitigating factors presented, resulting in the specified terms of imprisonment. The court's decision acknowledged the complex interplay of personal history and social circumstances in the defendants' lives, leading to the imposition of sentences that reflected both the seriousness of the crimes and the mitigating context of their backgrounds.
The final orders reflect the court's determinations. Troy Patrick Maher is sentenced to 3 years 3 months imprisonment with a non-parole period of 1 year 9 months, while Trevor Wayne Maher is sentenced to 6 years imprisonment with a non-parole period of 3 years. Both sentences commenced on their respective dates of conviction.
Orders
Orders of the court
Troy Maher:
The offender is convicted. Taking into account a reduction in sentence of 10% for the utilitarian value of the plea of guilty and a finding of special circumstances, I impose a sentence of imprisonment consisting of a non-parole period of 1 year 9 months commencing on 13 December 2019 and expiring on 12 September 2021, with a balance of term of 1 year 6 months. The total term is 3 years 3 months imprisonment.
Trevor Maher:
The offender is convicted. Taking into account a reduction in sentence of 25% for the utilitarian value of the plea of guilty and a finding of special circumstances, I impose a sentence of imprisonment consisting of a non-parole period of 3 years commencing on 10 December 2019 and expiring on 9 December 2022, with a balance of term of 3 years imprisonment. The total term is 6 years imprisonment.
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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