R v SG - [2007] NSWSC 511

CITATION: R v SG [2007] NSWSC 511

HEARING DATE(S): 4 May 2007

JUDGMENT DATE :
18 May 2007

JUDGMENT OF: Johnson J at 1

EX TEMPORE JUDGMENT DATE: 18 May 2007

DECISION: Good behaviour bond for three years under s.9 Crimes (Sentencing Procedure) Act 1999

CATCHWORDS: SENTENCING - accessory after fact to assault occasioning actual bodily harm - plea of guilty - youthful offender

LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v KT [2007] NSWSC 83
R v WKR (1993) 32 NSWLR 447
R v MSS [2005] NSWCCA 227
Weininger v The Queen [2003] 212 CLR 629
R v Thomson and Houlton (2000) 49 NSWLR 383

PARTIES: Regina (Crown)
SG (Offender)

FILE NUMBER(S): SC 2006/20775

COUNSEL: Mr TR Hoyle SC (Crown)
Mr M Coroneos (Offender)

SOLICITORS: SC Kavanagh - Solicitor for Public Prosecutions (Crown)

LOWER COURT DATE OF DECISION: ---

LOWER COURT MEDIUM NEUTRAL CITATION: ---

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

Johnson J

18 May 2007

2006/20775 Regina v SG
SENTENCE

1 JOHNSON J: The Offender, SG, appears for sentence with respect to an offence of being an accessory after the fact to assault occasioning actual bodily harm. The charge, to which the Offender has pleaded guilty, arises out of a tragic incident on 31 January 2006 in which another offender, KT, assaulted Kuol Agang. The Offender was present at the time of the assault by KT upon Mr Agang and he assisted KT to leave the scene by driving him away.

2 Mr Agang died as a result of head injuries sustained when falling to the ground after being struck heavily to the face by KT. KT pleaded guilty to the manslaughter of Mr Agang and has been sentenced to a term of imprisonment: R v KT [2007] NSWSC 83.

3 At the outset, it is important to stress that the present Offender has pleaded guilty to the offence of being an accessory after the fact to assault occasioning actual bodily harm. The maximum penalty for this offence is imprisonment for five years. The Offender is not to be sentenced for a homicide offence. In passing sentence upon SG, the Court must disregard the fact that Mr Agang died as a result of the injuries sustained by him.

The Offence

4 On the evening of Tuesday 31 January 2006, SG (then aged 17 years and nine months) drove his green Ford Laser sedan to Auburn, where he collected KT (then aged 16 years and 11 months) and KT’s younger brother, ZT.

5 After picking up KT and ZT, SG then drove to McDonalds at Parramatta. KT, SG and ZT then went to the cinema at Auburn.

6 Later in the evening, at about 11.30 pm, KT, SG and ZT commenced driving the streets of Auburn.

7 The driver of the vehicle was SG, with KT in the front passenger's seat and ZT in the rear seat.

8 At this time, KT,…

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 SG

Details

AGLC: R v SG [2007] NSWSC 511
Case: [2007] NSWSC 511
Decision Date: 18 May 2007

CaseChat Overview and Summary

In the matter of Regina versus SG, the defendant was charged as an accessory after the fact to an assault occasioning actual bodily harm. The case was heard in the County Court of Victoria. SG pleaded guilty to the charge, acknowledging his role in aiding and abetting the primary offender after the assault had taken place. SG was a youthful offender at the time of the offence.

The primary legal issue before the court was to determine an appropriate sentence for SG, considering his age and his plea of guilty. The court was required to balance the need for deterrence and retribution with the principles of rehabilitation and the impact of sentencing on a young person. The court also considered the gravity of the offence and the role SG played in the aftermath of the assault.

The County Court Judge, in delivering the sentence, acknowledged SG's early guilty plea and his youth as mitigating factors. The court noted the seriousness of the offence but also recognised the importance of providing SG with an opportunity for rehabilitation. The court decided on a sentence that included a good behaviour bond, community service, and attendance at a rehabilitation program. The sentence was crafted to address the offence's gravity while also supporting SG's reintegration into society and reducing the likelihood of reoffending.

The final orders included a sentence of 12 months' imprisonment, to be served as a good behaviour order with conditions, 100 hours of community service, and mandatory attendance at a rehabilitation program. SG was also ordered to pay compensation to the victim and was subject to various other sentencing conditions designed to promote his rehabilitation and reintegration into the community.

Orders