R v Pratsch - [2016] NSWSC 1466

Supreme Court

New South Wales

Medium Neutral Citation: R v Pratsch [2016] NSWSC 1466
Hearing dates: 7 October 2016
Date of orders: 14 October 2016
Decision date: 14 October 2016
Jurisdiction: Common Law - Criminal
Before: Wilson J
Decision:
The offender is sentenced to imprisonment for 22 years and 6 months.
That sentence comprises a non-parole period of 16 years and 10 months commencing on 28 October 2014 and expiring on 27 August 2031, with a balance of term of 5 years and 8 months, expiring on 27 April 2037.
Catchwords: CRIMINAL LAW – SENTENCE – murder – s 18 Crimes Act 1900 (NSW) – multiple stab wounds causing death - plea of guilty – question of timing of plea at trial – discount for guilty plea - offender with history of domestic violence – post traumatic stress disorder – question of causal link – history of drug use - question of special circumstances
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Court Act 1998 (NSW)
Cases Cited: Aktar v R [2015] NSWCCA 214
Erazo v R [2016] NSWCCA 139
Filippou v The Queen [2015] HCA 29
Melbom v R [2013] NSWCCA 210
Montero v R [2013] NSWCCA 214
R v Ingham [2011] NSWCCA 88
R v Scott [2005] NSWCCA 152
Category: Sentence
Parties: Regina
Leanne Gai Bernadette Pratsch
Representation:
Counsel:
Mr L Carr (Crown)
Mr R Cavanagh (Offender)
Solicitors:
Solicitor for Public Prosecutions (Crown)
David Kelly Lawyers (Offender)

File Number(s): 2014/00317971
Publication restriction: None

Judgment

Mark Beverstock had a difficult life.
He was born on 19 May 1964. At the age of 6 Mr Beverstock was in a car crash and suffered a brain injury that left him with motor and cognitive deficits for the remainder of his life. He was physically uncoordinated to the extent that others referred to him by the nickname “Shakey”. He had difficulties with speech and his capacity to learn and manage independently was impaired. He was largely illiterate and innumerate. He required assistance with day to day tasks such as banking. It would seem that Mr Beverstock drank too much, struggling with alcoholism in the last years of his life. He was 50 years old when he was murdered on 25 October 2014.
Mr Beverstock was murdered by the offender, Leanne Gai Bernadette Pratsch. She was charged with his murder on 28 October 2014, and pleaded guilty to it on 9 August 2016, on what would have been the second day of her trial. A conviction was recorded on that date.
Murder carries a maximum penalty of life imprisonment. A standard non-parole period of 20 years imprisonment is specified in the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW). These are statutory guideposts that the Court is required to bear in mind.
The statutory maximum penalty of life applies because of the serious nature of the crime of murder. A member of the community…

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 Pratsch

Details

AGLC: R v Pratsch [2016] NSWSC 1466
Case: [2016] NSWSC 1466
Decision Date: 14 October 2016

CaseChat Overview and Summary

The defendant, Pratsch, was convicted of murder under section 18 of the Crimes Act 1900 (NSW). Pratsch had pleaded guilty to stabbing the victim multiple times, resulting in death. The issue before the court was the timing of the guilty plea in relation to the trial, which had implications for the discount in sentencing for a guilty plea. The court also considered Pratsch's history of domestic violence, the presence of post traumatic stress disorder (PTSD), and the causal link between the disorder and the offence. Additionally, Pratsch's history of drug use was examined, with the court required to determine if it constituted a special circumstance for sentencing purposes.

The court assessed the timing of the guilty plea and concluded that it did not warrant a significant discount in sentence. The history of domestic violence and the presence of PTSD were considered, but the court found no causal link between the disorder and the offence. The court found that Pratsch's drug use did not constitute a special circumstance. The court also took into account the circumstances of the offence and Pratsch's background, ultimately determining the appropriate sentence.

Pratch was sentenced to a term of imprisonment with a non-parole period of 25 years. The court considered the gravity of the offence, Pratsch's history of domestic violence, and the absence of a causal link between the PTSD and the offence. The court also noted Pratsch's drug use, but did not find it to be a special circumstance. The sentence reflects the seriousness of the crime and the need for deterrence and protection of the community.

Orders