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R v Peters

R v Peters

Case [2002] NSWSC 1234 20 December 2002

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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.

- 28 -

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…

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 Peters

Details

AGLC: R v Peters [2002] NSWSC 1234
Case: [2002] NSWSC 1234
Decision Date: 20 December 2002

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