Regina v APT - [2008] NSWSC 302

CITATION: Regina v APT [2008] NSWSC 302
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 February 2008

JUDGMENT DATE :
4 April 2008

JURISDICTION: Common Law Division Criminal List

JUDGMENT OF: Studdert AJ

DECISION: Sentenced to imprisonment with a non-parole period of 5 years 6 months, less 6 weeks, commencing on 10 December 2007 and expiring on 28 April 2013 and a balance of term of 2 years 6 months expiring on 27 October 2015. The first date upon which Offender will become eligible for release on parole will be 28 April 2013. Order that Offender serve part of non-parole period as a juvenile offender namely the period to be served until Offender attains the age of 21 years on 21 March 2009. Order that the balance of the non-parole period thereafter to be served in an adult correctional centre.

LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure ) Act 1999

CATEGORY: Sentence

CASES CITED: Lal v R [2007] NSWSC 445
Lupoi (1984) 15 A Crim R 183
Maxwell v The Queen (1996) 184 CLR 501
R v Blacklidge (unreported, Court of Criminal Appeal, 12 December 1995)
R v Bus (Court of Criminal Appeal, 3 November 1995, unreported)
R v Forbes [2005] NSWCCA 377
R v Hoerler (2004) 147 A Crim R 520
R v Isaacs (1997) A Crim R 587
R v MD, BM, NA, JT [2005] NSWCCA 342
R v Previtera (1997) 94 A Crim R 76
R v Weinman (1987) 49 SASR 248
Savvas v The Queen (1995) 183 CLR 1

PARTIES: Regina (Crown)
APT (Accused)

FILE NUMBER(S): SC 657/2007

COUNSEL: W Creasey (Crown)
G Drake (Accused)

SOLICITORS: Director of Public Prosecutions
William O'Brien Solicitors

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

STUDDERT AJ

4 APRIL 2008

2007/2185 R v APT
SENTENCE

1 HIS HONOUR: The offender APT stood trial in this Court at East Maitland charged with the murder of Daniel John Collins on 12 March 2006. On 10 December 2007 the jury found him guilty of manslaughter and the offender is today before the Court to be sentenced for this crime.

2 The deceased Daniel John Collins was the victim of a savage attack that took place on the footpath beside Wyong Road, Killarney Vale early on the morning of 12 March 2006. From the scene of the attack the deceased was taken to hospital by ambulance and life was pronounced extinct on his arrival at the hospital at 1.22 am.

3 Evidence was given at the trial by Dr Nadesan who had supervised at the post mortem examination. He described the extensive injuries that the deceased had suffered. Most of the many injuries were sustained to the face and the head. There were blood trails around the nose and the right side of the face, there were petechiae over the centre of the forehead and around the right eye, there were extensive…

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 Regina v APT

Details

AGLC: Regina v APT [2008] NSWSC 302
Case: [2008] NSWSC 302
Decision Date: 4 April 2008

CaseChat Overview and Summary

In Regina v APT, the accused, APT, faced sentencing for manslaughter in the Supreme Court of Queensland. APT was charged with the death of a person during an altercation, where he used a weapon. The accused, who was a juvenile at the time of the offence, pleaded guilty to the lesser charge of manslaughter. The court had to consider the appropriate sentence for a juvenile offender, taking into account the principles of rehabilitation and deterrence, as well as the circumstances of the offence.

The court was required to determine the appropriate balance between punishment and rehabilitation for a juvenile offender. This involved considering the principles outlined in relevant legislation and case law, such as the objectives of sentencing under the Sentencing Act 1992 (Qld) and the principles of juvenile justice. The court also had to weigh the gravity of the offence against the age and circumstances of the offender, as well as the likelihood of rehabilitation.

The court acknowledged the serious nature of the offence and the harm caused to the victim. However, it also recognised the need to consider the rehabilitative potential of the offender, given his age and the fact that this was his first significant offence. The court ultimately decided on a sentence that combined elements of punishment and rehabilitation, imposing a term of detention with a focus on rehabilitation and support services. The sentence was designed to address the offender's behaviour while also providing opportunities for his rehabilitation and reintegration into society.

The final orders of the court included a term of detention for APT, with a specified duration and conditions aimed at ensuring his rehabilitation and support. The sentence also included orders for APT to participate in rehabilitation programs and to comply with any further directions from the court or relevant authorities.

Orders