R v Peters

Case [2002] NSWSC 1234


CITATION: R v Peters [2002] NSWSC 1234
FILE NUMBER(S): SC 70027/02
HEARING DATE(S): 27/11/02
JUDGMENT DATE: 20 December 2002

PARTIES :


Regina
Damien Anthony Peters
JUDGMENT OF: Wood CJatCL at 1
COUNSEL : P Conlon SC (Crown)
C M Traill
SOLICITORS: S E O'Connor
D J Humphreys
CATCHWORDS: CRIMINAL LAW - remarks on sentence - 2 counts of murder - pleas of guilty - Form 1 offences - obtain money by deception.
LEGISLATION CITED: Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999
CASES CITED: Baily v DPP (1988) 62 ALJR 319
Ibbs v The Queen (1987) 163 CLR 447
Oswald v The Queen (1998) 197 CLR 316
Pearce v The Queen (1998) 194 CLR 610
R v Alexander (1995) 78 A Crim R 141
R v Barton (2001) 121 A Crim R 185
R v Bavadra (2000) 115 A Crim R 152
R v Bell [1985] 2 NSWLR 466
R v Bollen (1998) 99 A Crim R 510
R v Burrell [2000] NSWCCA 262
R v Camilleri NSWCCA 8 February 1990
R v Doyle NSWCCA 25 March 1992
R v Giardini NSWCCA 25 February 1993
R v Harris [2000] NSWCCA 469
R v Jones (1993) 70 A Crim R 449
R v Knight [2001] NSWSC 1011
R v L NSWCCA 17 June 1996
R v Mansour [1999] NSWCCA 180
R v McEwan Supreme Court of Western Australia, 8 March 1996
R v Niketic [2002] NSWCCA 425
R v Scognamiglio (1991) 56 A Crim R 81
R v Sharma [2002] NSWCCA 142
R v Simpson [2001] NSWCCA 534
R v Smith (1987) 44 SASR 587
R v Thomson and Houlton (2000) 49 NSWLR 338
R v Twala NSWCCA 4 November 1994
R v Whittaker NSWCCA 15 July 1994
Veen v The Queen (No. 2)(1998) 164 CLR 465
DECISION: Sentence in relation the murder of Tereupii Akai: taking in account the matters on the Form 1, a sentence of imprisonment for 17 years, to commence from 11 September 2001 and to expire on 10 September 2018. Non-parole period in respect of that offence of 9 years, to date from 11 September 2001 and to expire on 10 September 2010.; Sentence in relation to the murder of Bevan James Frost: imprisonment for 17 years, to commence from 11 September 2005, and to expire on 10 September 2022. Non-parole period of 9 years to date from 11 September 2005 and to expire on 10 September 2014 - which will be the earliest date of eligibility for release on parole. The overall head sentence is accordingly one of 21 years, with an effective non-parole period of 13 years.

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      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      WOOD CJ at CL

      Friday 20 December 2002

      70027/02 Regina v Damien Anthony Peters

      Sentence

1 HIS HONOUR: Damien Anthony Peters appears for sentence in relation to 2 counts of murder, following pleas of guilty, entered by him on 27 November 2002. The first such offence…

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AGLC
R v Peters [2002] NSWSC 1234
Case
[2002] NSWSC 1234
Decision Date

CaseChat Overview and Summary

In the case of R v Peters, the defendant, Peters, stood before the court facing two counts of murder, having entered guilty pleas to these charges. The case proceeded in the court of criminal jurisdiction, where the matter of sentencing was to be determined. Peters' actions had resulted in the deaths of two individuals, and the court was tasked with the responsibility of delivering a sentence that reflected the gravity of the crimes committed.

The legal issues before the court were primarily concerned with the appropriate sentencing for these serious offences. Given that the charges were categorised as Form 1 offences, the court had to consider the maximum penalties provided by statute and the circumstances surrounding each individual count of murder. The court was also required to weigh the mitigating and aggravating factors presented by the defence and the prosecution to arrive at a just and proportionate sentence. Additionally, the court had to ensure that the sentence conformed with the principles of sentencing as established by higher courts and legal precedent.

In delivering its judgment, the court meticulously examined the nature and circumstances of the crimes, the impact on the victims' families, and the principles of justice, deterrence, and rehabilitation. The court acknowledged the gravity of the offences and the loss suffered by the victims' families but also considered the mitigating factors presented by the defence. Ultimately, the court determined that the appropriate sentence would reflect the heinous nature of the crimes while also considering the defendant's culpability and any mitigating circumstances. The court imposed a sentence that was deemed to be both just and proportionate to the offences committed.

The final orders of the court included a custodial sentence for Peters, reflecting the severity of the crimes. The exact duration of the sentence was specified, along with any additional penalties or conditions that were applicable under the law. The court's decision was communicated clearly, ensuring that all parties understood the reasons for the sentence and the legal principles that guided the court's determination.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Reasons for decision

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Ratio Decidendi

Legal Principle Established

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