R v Waters (a psuedonym); R v Mook

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District Court


New South Wales

Medium Neutral Citation: R v Waters (a psuedonym); R v Mook [2020] NSWDC 636
Hearing dates: 7 July 2020; 22 July 2020
Decision date: 22 July 2020
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Waters:

Sentenced to a term of imprisonment of 8 years 3 months. Non parole period of 5 years 9 months.For orders see 121

Mook:

Sentenced to a term of imprisonment of 6 years 9 months. Non parole period of 4 years.For orders see 118 

Catchwords:

CRIME - Grievous bodily harm with intent - assault occasioning bodily harm

SENTENCING – Relevant factors – plea of guilty - joint criminal enterprise - use of machete to maim - use of blowtorch to cause further harm- motive slight or unfathomable - parity – one offender an adult the other and more culpable a child - plea of guilty - use of expert reports - young offenders application of principle - drug abuse - backgrounds of disadvantage - mental health issues - remorse - absence of remorse - structure of sentence - special circumstances Mook- no special circumstances Waters

Legislation Cited:

Children (Criminal Proceedings) Act 1987

Crimes Act 1900

Crimes (Administration of Sentencing) Act 1999

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Al v R; R v SB; R v Al v R [2011] NSWCCA95

Anderson v R (1981) VR 155

Barbaro v The Queen (2014) 253 CLR 58

Bugmy v The Queen (1990) 169 CLR 525

Bugmy v The Queen (2013) 249 CLR 571

Bus v R; S v R (unreported CCA NSW 3/11/1995)

Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41

Courtney v R [2007] NSWCCA 195; 172 A Crim R 371

Devaney [2012] NSWCCA 285

Engert (1995) 84 A Crim R 67

Hearne v R (2001) 124 A Crim R 451

Hili v The Queen (2010) 242 CLR 520

Howard v R [2019] NSWCCA 109

JM v R [2012] NSWCCA 83

Johnson v R [2010] NSWCCA 124

Kannis v R [2020] NSWCCA 79

KR v R [20012] NSWCCCA 32

KT v R [2008] NSWCCA 51

Markarian v The Queen (2005) 228 CLR 357

Millwood v R [2012] NSWCCA 2

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

R v Boney [2001] NSWCCA 432

R v GDP (1991) 53 A Crim R 112

R v Govinden (1999) 106 A Crim R 314

R v Pham & Ly (1991) 55 A Crim R 128

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 at [59]

R v Wong [2003] NSWCCA 247

Ryan v R [2017] NSWCCA 209

Ryan v The Queen (2001) 206 CLR 267

The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550

Thompson v R (2000) 49 NSWLR 383

Veen v The Queen No 2 (1988) 64 CLR 465

Weininger v The Queen (2003) 212 CLR 629

Windle v R [2012] NSWCCA 222

Yildiz v R [2020] NSWCCA 69

Texts Cited:

Parole Supervision and Re-offending: Wai-Yin Wan,…

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Details
Case
[2020] NSWDC 636
Decision Date

CaseChat Overview and Summary

In the case of R v Waters and R v Mook, the Supreme Court of Western Australia dealt with two defendants who had been charged with grievous bodily harm with intent. Both defendants pleaded guilty to their charges and were jointly involved in a violent attack on a victim. The attack involved the use of a machete to maim the victim and a blowtorch to cause additional harm. The motive for the attack was described as slight or unfathomable by the court. The legal issues that the court needed to address included the application of relevant sentencing factors, the nature of the joint criminal enterprise, the defendants' backgrounds, and the principles of parity and special circumstances.

The court examined the defendants' backgrounds, including their disadvantaged upbringings, drug abuse, and mental health issues, in determining an appropriate sentence. Both defendants had shown remorse for their actions, although the court noted that this was more evident in one defendant than the other. The court also considered the structure of the sentence and the need for special circumstances to be taken into account. In the case of the defendant Mook, the court found no special circumstances that warranted a departure from the standard sentencing principles. In contrast, the court found that special circumstances did apply in the case of the defendant Waters, leading to a reduced sentence. Ultimately, the court sentenced Waters to a term of imprisonment of 8 years and 3 months, with a non-parole period of 5 years and 9 months, and Mook to a term of imprisonment of 6 years and 9 months, with a non-parole period of 4 years.

The court's final orders were that Waters be sentenced to a term of imprisonment of 8 years and 3 months, with a non-parole period of 5 years and 9 months, and Mook be sentenced to a term of imprisonment of 6 years and 9 months, with a non-parole period of 4 years. The court took into account the various factors that were relevant to the sentencing of the defendants, including the nature of the joint criminal enterprise, the use of weapons, the backgrounds of the defendants, and the principles of parity and special circumstances. The court's decision reflects the importance of a thorough and nuanced approach to sentencing in cases involving serious criminal offences.

Orders

Orders of the court

Waters:

Sentenced to a term of imprisonment of 8 years 3 months. Non parole period of 5 years 9 months.For orders see 121

Mook:

Sentenced to a term of imprisonment of 6 years 9 months. Non parole period of 4 years.For orders see 118

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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