| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1684 of 2008
| THE QUEEN |
| v |
| DAVID JOHN REID |
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JUDGE: | WHELAN J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1-5, 9-12, and 15-17 June and 15 July 2009 | |
DATE OF SENTENCE | 10 August 2009 | |
CASE MAY BE CITED AS: | R v Reid | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 326 | |
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CRIMINAL LAW – Sentence – Manslaughter by criminal negligence and recklessly causing injury – Victim was domestic partner of offender - Victim was hit on the head with a coffee cup by the offender – Offender omitted to obtain assistance and abandoned victim, who later died – Total effective sentence of five years’ imprisonment – Non-parole period of three years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M Lincoln | Office of Public Prosecutions |
| For the Accused | Mr G Georgiou | Victoria Legal Aid |
HIS HONOUR:
David John Reid, on 17 June 2009 a jury found you guilty of one count of manslaughter and one count of recklessly causing injury, in relation to the death of your de facto wife, Nola Ritter, on 21 May 2006.
On 15 July 2009 I heard a plea in mitigation on your behalf.
The maximum penalty for manslaughter is 20 years’ imprisonment. The maximum penalty for recklessly causing injury is five years’ imprisonment.
The circumstances of your offending can be summarised as follows.[1]
[1]I am bound to sentence the accused on a factual basis which is consistent with the jury’s verdict. Otherwise, in relation to matters adverse to the accused, I must be satisfied of those matters beyond reasonable doubt, but I may take into account matters in his favour which are established on the balance of probabilities: R v Storey [1998] 1 VR 395 at 369; R v Olbrich (1999) 1999 CLR 270; R v Cheung (2001) 209 CLR 1; and R v Ramage [2004] VSC 508 at [25].
You and Ms Ritter spent much of 20 May 2006 drinking cask wine together from ceramic coffee mugs. At some stage that evening, you argued over who would drink the last cup of wine. You swung your mug at Ms Ritter, causing a cut on the back of her head measuring 40 by 12 millimetres and penetrating the full thickness of the skin through to the muscle. The evidence of the forensic pathologist, Dr Woodford, which I accept, was that significant force would have been necessary to cause this wound. The force of the blow caused the cup handle to break. By finding you guilty of recklessly causing injury, the jury must have been satisfied that you knew your act would probably injure the deceased.
At some point that night you also gave Ms Ritter what you referred to in your records of interview as a ‘backhander’, cutting her lip.
You both went to bed shortly after the coffee mug incident. You woke at about 7 am to find the pillows and sheets soaked with blood. Ms Ritter moved out of…
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- AGLC
- R v Reid [2009] VSC 326
- Case
- [2009] VSC 326
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to address were the degree of Reid's criminal negligence and recklessness, as well as the appropriate sentence and non-parole period for the offences committed. The court had to consider the impact of Reid's actions on the victim and the severity of the injuries caused. The court also had to balance the need for punishment and deterrence with the potential for rehabilitation of the offender.
The court found that Reid's actions were indeed negligent and reckless, resulting in the death of the victim. The court took into account the fact that the victim was Reid's domestic partner and the offender had abandoned the victim without seeking assistance. The court determined that a total effective sentence of five years’ imprisonment was appropriate, with a non-parole period of three years. The court emphasised the need for punishment and deterrence, while also considering the potential for rehabilitation. The sentence reflects the seriousness of the offences and the need to protect the community.
The court ordered that Reid be imprisoned for a total effective term of five years, with a non-parole period of three years. The court's decision highlights the importance of holding offenders accountable for their actions and ensuring that the appropriate sentence is imposed to balance the needs of justice, punishment, and rehabilitation.
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