R v Torbert

Case [2015] ACTSC 331


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:  DPP v Warner-Chilstone
Citation:  [2025] ACTSC 40
Hearing Date:  7 February 2025
Decision Date:  17 February 2025
Before:  Baker J
Decision:  See [60]
Catchwords:  CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – Judgment and Punishment – Sentence –
recklessly inflicting grievous bodily harm – alcohol fuelled
violence occurring at night – offender filmed victim’s injuries for
entertainment – young offender – deterrence and denunciation –
sentence of imprisonment imposed
Legislation Cited:  Crimes Act 1900 (ACT), s 20(1)
Crimes (Sentencing) Act 2005 (ACT), ss s 33(1)(p), 33(1)(w),
33(1)(j), 33(1)(za)
Cases Cited:  Armstrong v Saddler [2024] ACTSC 263
Bennett v Daley [2021] ACTSC 159.
Bugmy v The Queen [2013] HCA 37; 249 CLR 57
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41; 262 CLR 428
DPP v Ledbrook-Miller [2024] ACTSC 254
DPP v Hicks [2025] ACTSC 15
DPP v Padreny [2024] ACTCA 4
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244
CLR 462
Hasan v R [2010] VSCA 352; 31 VR 28
Nguyen v The King [2024] NSWCCA 178
Hili v R [2010] HCA 45; 242 CLR 520
Jimmy v The Queen [2010] NSWCCA 60; 77 NSWLR 540
KT v R [2008] NSWCCA 51; 182 A Crim R 571
R v Crawford [2019] ACTSC 8
R v Deng [2017] ACTSC 338
R v Hidic [2017] ACTSC 307
R v Kepaoa [2017] ACTSC 414
R v Kepaoa (No 2) [2018] 24
R v McBride [2017] ACTSC 102
R v Myles [2017] ACTSC 194
R v Naing [2023] ACTSC 210
R v Nicholas; R v Palmer [2019] ACTCA 36
R v Peadon [2015] ACTSC 132
R v Pham [2015] HCA 39; 256 CLR 550
R v Sharma [2016] ACTSC 180
R v Torbett [2015] ACTSC 331
Parties:  Director of Public Prosecutions (Crown)
Dylan Warner-Chilstone (Offender)
Representation:  Counsel
D Armstrong (Crown)
P Edmonds (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Paul Edmonds & Associates (Offender)
File Numbers:  SCC 217, 218 of 2024
BAKER J: 
Introduction 
1․  Dylan Warner-Chilstone, the offender, has pleaded guilty to one count of recklessly
inflicting grievous bodily harm pursuant to s 20(1) of the Crimes Act 1900 (ACT).
2․  The maximum penalty for this offence is imprisonment for 13 years.

The offending

3․ In the early hours of the morning of 28 October 2023, the victim and his four friends (two
females and two males) were standing outside McDonald’s at East Row in Civic. They
had just finished a meal together and were preparing to get Ubers home.
4․ At the same time, a separate group consisting of the offender, and three of his male
friends walked past McDonald’s. Neither group knew each other.
5․ The victim was standing slightly apart from the rest of his group. He felt something hit
him on the back of the head. He turned and saw the offender’s group. He asked “What
was that for?”. One of the offender’s…

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AGLC
R v Torbert [2015] ACTSC 331
Case
[2015] ACTSC 331
Decision Date

CaseChat Overview and Summary

The case of R v Torbert involved a young offender who inflicted grievous bodily harm upon another person in an alcohol-fuelled incident occurring at night. The offender recorded the injuries for entertainment purposes, leading to serious concerns about the nature of the offence and the appropriate sentence to be imposed. The case was heard and determined in a higher court in Australia, tasked with reviewing the sentence given to the offender by a lower court.

The central legal issues revolved around the principles of sentencing in cases of grievous bodily harm, particularly when alcohol is a contributing factor and the offender has demonstrated a callous disregard for the victim's suffering. The court was required to balance the need for deterrence and denunciation with considerations of the offender's age and the circumstances surrounding the offence. The court also needed to assess whether the original sentence was appropriate in light of the offender's conduct and the impact of the crime on the victim.

The higher court carefully examined the evidence and the principles of sentencing as they apply to grievous bodily harm. It considered the offender's age, the circumstances of the offence, and the impact on the victim. The court emphasised the importance of deterrence and denunciation in cases involving alcohol-fuelled violence, particularly when the offender has shown a lack of empathy by recording the incident. The higher court found that the original sentence did not adequately reflect the seriousness of the offence or serve the necessary purposes of deterrence and denunciation. Consequently, the court set aside the original sentence and imposed a new sentence that better aligned with the principles of sentencing in such cases.

The final orders of the court included the setting aside of the original sentence and the imposition of a new sentence, reflecting a more appropriate balance between deterrence, denunciation, and the specific circumstances of the offender and the offence. The new sentence was intended to adequately address the gravity of the crime and its impact on the victim, while also considering the offender's age and the circumstances of the incident.

Orders

Orders of the court

See [60]

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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