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R v Oliver

R v Oliver

Case [2024] NSWSC 1571 6 December 2024

Sentencing

Mens Rea & Intention

Criminal Liability

Joint Criminal Enterprise

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Supreme Court

New South Wales

Medium Neutral Citation: R v Oliver [2024] NSWSC 1571
Hearing dates: 25 October 2024
Decision date: 06 December 2024
Jurisdiction: Common Law
Before: Ierace J
Decision:
(1) Mr Oliver is sentenced to an aggregate sentence of imprisonment of 11 years, back-dated to commence on 5 October 2022 and expiring on 4 October 2033, with a non-parole period of 7 years, expiring on 4 October 2029.
(2) I recommend that the offender’s legal representatives provide Justice Heath a copy of the report of Dr Emma Collins, dated 16 September 2024.
(3) In compliance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct that the offender’s legal representatives advise him of the existence of the Act and its application to this offence.

Catchwords:
SENTENCING – Manslaughter – Intentionally damaging property by means of fire in company – Guilty pleas – Joint criminal enterprise to assault the deceased with a co-perpetrator – Did not foresee the possibility that the co-perpetrator would use force to intentionally kill, or inflict grievous bodily harm on the deceased – Offender present when co-perpetrator rendered the fatal assault – attempt to cover up crime by burning deceased’s apartment – whether Bugmy and De La Rosa reduce moral culpability

Legislation Cited:
Crimes Act 1900 (NSW), ss 18(1)(a),(b), 195(1A)(b)
Crimes (High Risk Offenders) Act 2006 (NSW), s 25C
Crimes (Sentencing Procedure Act) 1999 (NSW),
ss 21A(2)(eb), (j), (n), 25D(2)(b)(i)

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Department of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Du Plessis v R [2024] NSWCCA 164
Lane v R [2013] NSWCCA 317; (2013) 241 A Crim R 321
R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1
R v Loveridge [2014] NSWCCA 120; (2014) 243 A Crim R 31
R v Sumpton (No 4) [2015] NSWSC 684
R v Wilkinson (No 5) [2009] NSWSC 432
Sumpton v R [2016] NSWCCA 162

Category: Sentence
Parties: Rex
Dalton Trent Oliver (Offender)
Representation:
Counsel:
Mr J Stanhope (Crown)
Ms E McLaughlin (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Offender)

File Number(s): 2022/296127

JUDGMENT

HIS HONOUR: On 25 June 2024, Dalton Trent Oliver (the offender) was arraigned on an indictment before Wilson J in the Supreme Court of New South Wales at Newcastle. He entered a plea of not guilty to the murder of Graham Cameron (the deceased) (contrary to s 18(1)(a) of the Crimes Act 1900 (NSW)), and a plea of guilty to an alternative count, of manslaughter (contrary to s 18(1)(b) of the Crimes Act). The Crown accepted the plea of guilty to manslaughter in lieu of the count of murder. The offender also pleaded guilty to a third count, of intentionally damaging property by means of fire in the company of an unknown person (“damage property by fire in company”, contrary to s 195(1A)(b) of the

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 Oliver

Details

AGLC: R v Oliver [2024] NSWSC 1571
Case: [2024] NSWSC 1571
Decision Date: 06 December 2024

CaseChat Overview and Summary

The appellant, Oliver, was convicted of manslaughter by the Supreme Court of Victoria. The case arose from an incident in which Oliver, along with a co-perpetrator, engaged in a joint criminal enterprise to assault a deceased individual. The crime involved intentionally damaging property by means of fire in company, and Oliver had pleaded guilty to the offence. The primary legal issues before the court were whether Oliver's moral culpability was reduced by the principles articulated in Bugmy and De La Rosa, given that he did not foresee the possibility that his co-perpetrator would use force to intentionally kill, or inflict grievous bodily harm on the deceased. Furthermore, the court had to consider whether Oliver's presence when the fatal assault was rendered and his subsequent attempt to cover up the crime by burning the deceased's apartment impacted his moral culpability.

The court carefully considered the principles of Bugmy and De La Rosa, which recognise the cultural context and relationships between Indigenous offenders and their victims. However, the court found that these principles did not sufficiently mitigate Oliver's moral culpability in this case. The court held that although Oliver did not foresee the fatal outcome of the assault, his participation in the joint criminal enterprise and his subsequent attempt to cover up the crime demonstrated a significant degree of moral culpability. The court also found that Oliver's presence during the fatal assault and his actions to conceal the crime further demonstrated a disregard for the safety and well-being of the deceased. Consequently, the court determined that the principles of Bugmy and De La Rosa did not sufficiently reduce Oliver's moral culpability in this instance.

In light of the above, the court sentenced Oliver to a term of imprisonment, reflecting the gravity of the offence and the significant moral culpability demonstrated by Oliver. The court emphasised the importance of holding offenders accountable for their actions, particularly in cases where they have engaged in a joint criminal enterprise and have attempted to conceal their involvement in a crime. The court also noted that while the principles of Bugmy and De La Rosa are important in recognising the cultural context and relationships between Indigenous offenders and their victims, they do not necessarily reduce an offender's moral culpability in every case. The final orders of the court included a sentence of imprisonment for Oliver, reflecting the court's determination of his moral culpability and the gravity of the offence committed.

Orders