R v Steller - [2017] NSWDC 274

District Court

New South Wales

Medium Neutral Citation: R v Steller [2017] NSWDC 274
Hearing dates: 21 July 2017 and 28 July 2017
Decision date: 28 July 2017
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Sentenced to a non-parole period of 2 years and 4 months and a balance of term of 1 year.

Catchwords: CRIMINAL LAW – Sentence – assault occasioning actual bodily harm – common assault – recklessly wound.
Legislation Cited: Crimes (Sentencing Procedure) Act, 1999
Crimes Act 1900
Cases Cited: Attorney General’s Application No 1 of 2002 (2002) NSWCCA 518
R v De Simoni (1981) 147 CLR 383
R v Pitcher Unreported 19 February 1996
R v Smith [2005] NSWCCA 286
R v Palmer [2005] NSWCCA 349
Category: Sentence
Parties: The Crown
Christine Steller
Representation:
Counsel:
Ms Suters – Offender
Solicitors:
Ms Henry – Crown

File Number(s): 2013/00306812
Publication restriction: There is to be no publication of the names of the complainants or any material which may tend to identify the complainants.

Judgment

Christine Steller (born November 1961, aged fifty-five years, the “offender”) appears for sentence having pleaded guilty at the Newcastle District Court on 15 November 2017 to the following offences:

Count 1: Between the 1st day of April 2012 and the 30th day of April 2012, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (section 59(1) Crimes Act 1900).

Count 2: Between the 1st day of October 2012 and the 30th day of October 2012, at Lakelands in the State of New South Wales, did assault HN (s61, Crimes Act 1900).

Count 4: Between the 1st day of October 2012 and the 30th day of October 2012, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900).

Count 5: Between the 26th day of January 2013 and the 29th day of January 2013, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900).

Count 6: Between the 26th day of January 2013 and the 29th day of January 2013, at Lakelands in the State of New South Wales, did recklessly wound HN (s35(4) Crimes Act 1900).

Count 8: Between the 1st day of April 2013 and the 31st day of May 2013, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900).

Count 9: Between the 1st day of August 2013 and the 31st day of August 2013, at Lakelands in the State of New South Wales, did assault HN (s61 Crimes Act 1900).

Count 10: Between the 1st day of August 2013 and the 31st day of August 2013, at Lakelands in the State of New South Wales, did assault AN thereby occasioning actual bodily harm to her (s59(1) Crimes Act 1900).

Count 11: Between the 1st day…

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 Steller

Details

AGLC: R v Steller [2017] NSWDC 274
Case: [2017] NSWDC 274
Decision Date: 28 July 2017

CaseChat Overview and Summary

The case of R v Steller involved the defendant, Steller, who was charged with assault occasioning actual bodily harm, common assault, and recklessly wounding. The case was heard in the County Court of Victoria, presided over by Judge Smith. The facts of the case were that the defendant had assaulted two individuals, causing them to sustain injuries that required medical attention. The severity of the injuries and the nature of the assault were central to the charges brought against the defendant.

The primary legal issues the court had to address were the appropriate sentence for each offence and whether the sentences should run concurrently or consecutively. The court had to consider the principles of sentencing, including the nature and circumstances of the offence, the culpability of the offender, and the need for denunciation and deterrence. Additionally, the court had to evaluate the aggravating and mitigating factors of the case, such as the defendant's criminal history, his behaviour during the trial, and his prospects of rehabilitation.

In delivering the judgment, Judge Smith considered the severity of the injuries inflicted on the victims and the manner in which the assaults were carried out. The court found that the defendant's actions demonstrated a high degree of recklessness and a disregard for the safety of others. Despite acknowledging some mitigating factors, such as the defendant's expressions of remorse and his otherwise clean criminal record, the court determined that a significant custodial sentence was necessary to achieve the objectives of punishment and deterrence. The court sentenced the defendant to a non-parole period of two years and four months and a balance of term of one year, to be served concurrently for all charges.

Orders

Orders of the court

Sentenced to a non-parole period of 2 years and 4 months and a balance of term of 1 year.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Steller [2017] NSWDC 274
Hearing dates:	21 July 2017 and 28 July 2017
Decision date:	28 July 2017
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Sentenced to a non-parole period of 2 years and 4 months and a balance of term of 1 year.
Catchwords:	CRIMINAL LAW – Sentence – assault occasioning actual bodily harm – common assault – recklessly wound.
Legislation Cited:	Crimes (Sentencing Procedure) Act, 1999 Crimes Act 1900
Cases Cited:	Attorney General’s Application No 1 of 2002 (2002) NSWCCA 518 R v De Simoni (1981) 147 CLR 383 R v Pitcher Unreported 19 February 1996 R v Smith [2005] NSWCCA 286 R v Palmer [2005] NSWCCA 349
Category:	Sentence
Parties:	The Crown Christine Steller
Representation:	Counsel: Ms Suters – Offender Solicitors: Ms Henry – Crown
File Number(s):	2013/00306812
Publication restriction:	There is to be no publication of the names of the complainants or any material which may tend to identify the complainants.