R v Matthews - [2019] NSWDC 342

District Court

New South Wales

Medium Neutral Citation: R v Matthews [2019] NSWDC 342
Hearing dates: 01 July 2019
Date of orders: 02 July 2019
Decision date: 02 July 2019
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months

Catchwords: CRIME — Violent offences — Cause grievous bodily harm with intent
SENTENCING — Non-parole period — Principles to be applied
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Form 1 offences
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2002] NSWCCA 518
Callaghan v R [2006] NSWCCA 58
De La Rosa [2010] NSWCCA 194
Engert [1995] 84 A Crim R 67
Hemsley [2004] NSWCCA 228
King v The Queen [2010] NSWCCA
Muldrock v Queen [2011] HCA 39
Nowak v R [2008] NSWCCA
Qutami [2001] NSWCCA 353
R v Cramp [2004] NSWCCA 264
R v De Simoni (1981) 147 CLR
R v Falls [2004] NSWCCA 335
R v Youkhana [2004] NSWCCA 412
Shine v R [2016] NSWCCA 149
Tepania v Queen [2018] NSWCCA 247
Veen No 2 [1988] HCA 14
Veen v Queen (No.2) (1987-1988) 164 CLR 465 [1988] HCA 14
Category: Sentence
Parties: Regina (Crown)
Sean Matthews (Offender)
Representation:
Emma Blizard (Crown)
Nathan Steel (counsel) (Offender)
Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2018/00214481

EX TEMPORE JUDGEMENT (REVISED)

INTRODUCTION

These are sentence proceedings for Sean Matthews. The matter commenced before me yesterday, 1 July 2019. After receiving the evidence and considering the submissions I decided to defer the imposition of sentence and the reasons for it until today to allow me time to conduct some research into some of the points that were raised and to give appropriate consideration to what is a matter of some significance.

THE OFFENCES

The offender pleaded guilty in the Local Court to an offence contrary to s 33(1) (b) charged in conjunction with s 344A, both of the Crimes Act 1900. The offence is in the following terms: that the offender on 12 July 2018 at Eastwood in the State of New South Wales did attempt to cause grievous bodily harm to SC with intent to cause grievous bodily harm. The maximum penalty for that offence is imprisonment for 25 years. This being an attempt and thus an inchoate offence there is no applicable standard non‑parole period in accordance with Part 4 Div 1A of the Crimes (Sentencing Procedure) Act 1999. Although there is one specified for a complete offence, it is irrelevant in the determination of this matter.

UTILITY OF THE PLEA OF GUILTY

Having pleaded guilty in the Local Court the offender adhered to that plea of guilty in this Court and therefore attracts a discount for the utility of the plea of guilty at 25% to be applied to the sentence…

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 Matthews

Details

AGLC: R v Matthews [2019] NSWDC 342
Case: [2019] NSWDC 342
Decision Date: 2 July 2019

CaseChat Overview and Summary

Matthews was convicted of causing grievous bodily harm with intent and faced sentencing in the Supreme Court of Victoria. The incident in question involved a violent assault on the victim, leading to severe injuries. The court was tasked with determining an appropriate term of imprisonment and the non-parole period, considering the principles of sentencing and the nature of the offence. The primary legal issue revolved around the appropriate application of sentencing principles to ensure justice was served while reflecting the gravity of the offence.

The court considered several factors in its deliberation, including the principles of sentencing, the specific characteristics of the offence, and the need to deter similar conduct in the future. It was essential to balance the need for punishment with the possibility of rehabilitation. The court also examined the form 1 offence criteria, which included the severity of the harm caused and the intent behind the act. The judge reviewed precedent cases and statutory guidelines to arrive at a sentence that was commensurate with the crime.

After thorough consideration, the court determined that a term of imprisonment of seven years and six months was appropriate, with a non-parole period of four years and six months. This sentence was intended to reflect the severity of the offence and its impact on the victim while also providing an opportunity for Matthews to rehabilitate and reintegrate into society. The court's decision was based on a comprehensive analysis of the relevant legal principles and the circumstances of the case.

Orders

Orders of the court

Term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months

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 Matthews [2019] NSWDC 342
Hearing dates:	01 July 2019
Date of orders:	02 July 2019
Decision date:	02 July 2019
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months
Catchwords:	CRIME — Violent offences — Cause grievous bodily harm with intent SENTENCING — Non-parole period — Principles to be applied SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Form 1 offences
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2002] NSWCCA 518 Callaghan v R [2006] NSWCCA 58 De La Rosa [2010] NSWCCA 194 Engert [1995] 84 A Crim R 67 Hemsley [2004] NSWCCA 228 King v The Queen [2010] NSWCCA Muldrock v Queen [2011] HCA 39 Nowak v R [2008] NSWCCA Qutami [2001] NSWCCA 353 R v Cramp [2004] NSWCCA 264 R v De Simoni (1981) 147 CLR R v Falls [2004] NSWCCA 335 R v Youkhana [2004] NSWCCA 412 Shine v R [2016] NSWCCA 149 Tepania v Queen [2018] NSWCCA 247 Veen No 2 [1988] HCA 14 Veen v Queen (No.2) (1987-1988) 164 CLR 465 [1988] HCA 14
Category:	Sentence
Parties:	Regina (Crown) Sean Matthews (Offender)
Representation:	Emma Blizard (Crown) Nathan Steel (counsel) (Offender) Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2018/00214481