R v Taber and Styman - [2005] NSWSC 1292

CITATION:
R v Taber & Styman [2005] NSWSC 1292

HEARING DATE(S): 19 September - 2 November 2005

JUDGMENT DATE :

15 December 2005

JURISDICTION:
Common Law Division
Criminal List

JUDGMENT OF:
Studdert J

DECISION:
TABER: Aggravated robbery - 10 years imprisonment to date from 26 March 2001; Manslaughter - 18 years imprisonment to date from 26 March 2002 and to expire on 25 March 2020, with a non parole period of 13 years 6 months to commence on 26 March 2002 and to expire on 25 September 2015. The first date upon which the offender is to become eligible for release on parole is 25 September 2015. STYMAN: Aggravated robbery - 10 years imprisonment to date from 26 March 2001; Manslaughter - 18 years imprisonment to date from 26 March 2002 and to expire on 25 March 2020, with a non parole period of 13 years 6 months to commence on 26 March 2002 and to expire on 25 September 2015. The first date upon which the offender is to become eligible for release on parole is 25 September 2015.

LEGISLATION CITED:
Crimes Act, ss 24, 112
Crimes (Sentencing Procedure) Act, ss 21A, 44

CASES CITED:
Markarian v The Queen [2005] HCA 25
Pearce v The Queen (1998) 194 CLR 610
R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Bollen (1998) 99 A Crim R 510
R v Forbes [2005] NSWCCA 377
R v MD, BM, NA, JT [2005] NSWCCA 342
R v O'Donnell [2002] SASC 183
R v Previtera (1997) 94 A Crim R 76
R v Styman; R v Taber [2004] NSWCCA 245
R v Trevenna [2004] NSWCCA 505

PARTIES:
Regina v Peter David Taber
Regina v Ian Craig Styman

FILE NUMBER(S):
SC 2002/120; 2002/118

COUNSEL:
A. Robertson (Crown)
G. Wendler (Accused Taber)
G. Kumarasinhe (Accused Styman)

SOLICITORS:
Office of the Director of Public Prosecutions (Crown)
Van Houten Solicitors (Accused)

LOWER COURT JURISDICTION:

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

STUDDERT J

Thursday 15 December 2005

2002/118 REGINA v PETER DAVID TABER
2002/120 REGINA v IAN CRAIG STYMAN
SENTENCE

1 HIS HONOUR: The offenders Peter David Taber and Ian Craig Styman were both found guilty of the manslaughter of Joy Golbie Alchin, whose body was found in her home at 23 Spies Avenue, Greenwell Point on 19 January 2001. The verdicts of the jury on 2 November 2005 followed a lengthy trial which began on 19 September 2005.

2 Both accused stood trial previously charged with the murder of the deceased. They also stood trial previously charged with breaking entering and committing a serious indictable offence in circumstances of aggravation (which I will call “aggravated robbery” for the purpose of these remarks). They were further charged with sexual intercourse without consent in circumstances of aggravation. The jury following the earlier trial found both offenders guilty of murder and aggravated robbery. They were found not guilty of the sexual offence charged. Following conviction, each offender was sentenced to imprisonment for…

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 Taber and Styman

Details

AGLC: R v Taber and Styman [2005] NSWSC 1292
Case: [2005] NSWSC 1292
Decision Date: 15 December 2005

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Studdert J delivered a judgment sentencing Peter David Taber and Ian Craig Styman to imprisonment for their roles in the aggravated robbery and manslaughter of Joy Golbie Alchin. The offenders were found guilty of the crime of manslaughter after their initial convictions for murder were quashed by the Court of Criminal Appeal. The court considered the objective and subjective features of the crimes, the planning involved, and the offenders' lack of remorse. The court found that the crimes were part of a planned criminal activity, involving violence against a vulnerable victim. Both offenders were sentenced to ten years imprisonment for the aggravated robbery, and eighteen years for manslaughter, with non-parole periods of thirteen years six months. The sentences were to run concurrently, with the manslaughter sentence to expire on 25 March 2020.

The court rejected arguments that the offenders' false 000 call absolved them of responsibility for the death of the victim. The court held that the offenders' callous disregard for the victim's wellbeing amounted to criminal negligence. The court also rejected arguments that the crimes were not highly planned, finding that the evidence showed careful planning and preparation. The court considered the submissions of counsel and relevant case law in determining the appropriate sentences for the offenders.

Orders