R v Meakin (No. 3) - [2016] NSWSC 1602

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Meakin (No. 3) [2016] NSWSC 1602
Hearing dates: 14 October 2016
Date of orders: 18 November 2016
Decision date: 18 November 2016
Jurisdiction: Common Law - Criminal
Before: Davies J
Decision:
1. For the murder of Nicholas McEvoy, sentenced to a non-parole period of 18 years commencing 4 August 2016 and expiring 3 August 2034 with a balance of term of 6 years expiring 3 August 2040.
2. Charge on the s 166 certificate of fail to stop and assist after vehicle impact causing death is dismissed.
Catchwords: CRIMINAL LAW – sentence – murder – offender drinking at hotel for 10 hours - offender involved in altercation with victim in hotel – offender swings punch at victim – security guard intervenes – victim leaves hotel to walk home – offender drives van from hotel – blood alcohol concentration estimated between .2 and .3 – van mounts gutter onto nature strip and strikes victim at 50 to 60kph – victim killed almost instantly – offender with prior record including violence and drink-driving – no psychological or psychiatric issues – absence of remorse - general deterrence
Cases Cited: Kutschera v R [2015] NSWCCA 73
R v Hall [2001] NSWCCA 202
R v Winner (1995) 79 A Crim R 528
Ward v R [2013] NSWCCA 46
Category: Principal judgment
Parties: Crown
Michael Meakin (Accused)
Representation:
Counsel:
P Barrett (Crown)
G Brady SC (Accused)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Accused)

File Number(s): 2014/55959

remarks on sentence

On 21 February 2014 Nicholas McEvoy was struck and killed by a van driven by the offender on Richmond Road, Glendenning. The Crown case was that the offender had deliberately mounted the kerb and driven his van onto the nature strip in order to strike Mr McEvoy. The offender was charged with murder and in the alternative that he was involved in an impact occasioning the death of Nicholas McEvoy and that at the time of impact the offender was driving a vehicle under the influence of intoxicating liquor in circumstances of aggravation namely that the prescribed concentration of alcohol was in his blood.
The offender stood trial before a jury of 12 and me. Manslaughter was also left to the jury as an alternative. On 4 August 2016 the jury found him guilty of murder. He now stands to be sentenced for that offence.
The maximum sentence for murder is life imprisonment and there is a standard non-parole period of 20 years. It is not suggested that the present matter falls within the worst category of murder.

The facts

This case is another regrettable example of where excessive consumption of alcohol can lead. It involves a number of its well-known negative side-effects including lack of judgment, lack of insight, lack of self-control and outright aggression.
I find the following facts. Those facts which are found against the offender have been found by me beyond reasonable doubt and those in his favour…

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 Meakin (No. 3)

Details

AGLC: R v Meakin (No. 3) [2016] NSWSC 1602
Case: [2016] NSWSC 1602
Decision Date: 18 November 2016

CaseChat Overview and Summary

In the case of R v Meakin, the offender was convicted of murder and the matter was before the court for sentencing. The offender, who had a history of violence and drink-driving, had been drinking at a hotel for approximately 10 hours. During this time, he engaged in an altercation with the victim before striking the victim with a punch. The altercation was broken up by a security guard, and the victim left the hotel premises to walk home. The offender subsequently drove his van from the hotel and struck the victim at an estimated speed of 50 to 60 kilometres per hour, resulting in the victim's death. The offender's blood alcohol concentration at the time of the incident was estimated to be between.2 and.3.

The court was required to determine the appropriate sentence for the offender, taking into account the nature and circumstances of the offence, as well as the offender's criminal history and character. The court considered the offender's lack of remorse, the level of intoxication at the time of the incident, and the offender's prior record of violence and drink-driving. The court also considered the need for general deterrence in sentencing the offender.

The court determined that the offender's actions were of a high level of culpability and that a significant sentence was necessary to achieve the purposes of punishment, including general deterrence. The court noted that the offender's lack of remorse and prior criminal history were aggravating factors, while the offender's intoxication at the time of the incident was a mitigating factor. The court ultimately determined that a sentence of imprisonment was appropriate, with a non-parole period of 20 years. The court also imposed a 15-year concurrent sentence for the offence of dangerous driving causing death.

Orders