SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Vickerstaff (No 2) |
Citation: | [2019] ACTSC 343 |
Hearing Date: | 2 and 5 December 2019 |
DecisionDate: | 10 December 2019 |
Before: | Mossop J |
Decision: | See [60] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – manslaughter – sentencing of three co-offenders – offence by joint commission with varied degrees of culpability – offender identified as the principal offender – offender entered a plea of guilty following pleas of guilty by co-offenders – some evidence of premeditation – weapon used in offence – use of weapon opportunistic – consideration of remorse – consideration of mental health diagnoses |
Legislation Cited: | Crimes Act 1900 (ACT), s 15 Criminal Code 2002 (ACT), ss 20, 45A |
Cases Cited: | R v Collins [2004] ACTSC 48 |
Parties: | The Queen (Crown) Graeme Vickerstaff (Offender) |
Representation: | Counsel R Christensen (Crown) J Purnell SC (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Aulich Criminal Law (Offender) | |
File Number: | SCC 274 of 2018 |
MOSSOP J:
Introduction
The offender, Graeme Jarrett Vickerstaff, pleaded guilty to one count of manslaughter by joint commission contrary to s 15 of the Crimes Act 1900 (ACT). The maximum penalty for that offence is 20 years’ imprisonment.
Facts
The victim, Bobby Stewart Allan, died after an altercation involving Mr Vickerstaff, Dean Welsh and Colin Booth.
Mr Allan was a supplier of the drug ice. Both Mr Allan and Mr Vickerstaff bought and sold drugs. Mr Vickerstaff had purchased drugs from Mr Allan for a period of 18 months prior to Mr Allan’s death. Mr Vickerstaff, who was a mechanic, had worked on Mr Allan’s vehicles over that time. He had a belief that Mr Allan was intimately involved with his girlfriend, who I will refer to as CD, with whom Mr Allan shared house. Mr Allan had also supplied methamphetamine to Mr Booth. Mr Welsh had no personal association with Mr Allan but knew he sold drugs to Mr Vickerstaff.
In the early hours of 17 December 2017, the offenders had attended Mr Allan’s house with the intention of purchasing drugs. They travelled there by car driven by Mr Booth. Mr Vickerstaff and Mr Welsh had used heroin while waiting to be picked up by Mr Booth. On the way there Mr Booth stopped at the 7-Eleven service station in Fyshwick and put petrol in the car. Mr Vickerstaff bought an aerosol can of Motortech degreaser. Mr Welsh was with him at the time and knew that it had been purchased. Mr Vickerstaff purchased…
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CaseChat Overview and Summary
The central legal issue before the court was determining the appropriate sentence for the defendant, considering his role in the offence, the degree of premeditation, the use of a weapon, and his expressions of remorse. The court also needed to assess the relevance of the defendant's mental health diagnoses in the context of sentencing. The court had to balance these factors to arrive at a sentence that was just and appropriate under the circumstances.
The court reasoned that the defendant's culpability was significant, given his role as the principal offender and the use of a weapon in the commission of the crime. Despite some evidence of premeditation, the court considered the weapon was used opportunistically. The defendant's expressions of remorse were acknowledged, as was the impact of his mental health diagnoses. After weighing these considerations, the court determined that an appropriate sentence would reflect the defendant's culpability while also taking into account his remorse and mental health. The final orders of the court are detailed in paragraph [60].
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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