Supreme Court
New South Wales
Medium Neutral Citation: Regina v BELL, Gavin Anthony [2013] NSWSC 1838 Hearing dates: 27 September 2013 Decision date: 01 November 2013 Jurisdiction: Common Law - Criminal Before: Hall J Decision: In respect of Count 3, cause grievous bodily harm to Robert Leuthwaite (Junior) with intent to cause grievous bodily harm, sentenced to a term of imprisonment comprising a non-parole period of 7 years and 6 months commencing on 25 August 2010 and expiring on 24 February 2018, with a balance of term of 2 years and 6 months commencing on 25 February 2018 and expiring on 24 August 2020.
In respect of Count 2, aggravated assault of Robert Leuthwaite (Senior) with intent to rob, sentenced to a term of imprisonment comprising a non-parole period of 3 years and 9 months commencing on 25 February 2011 and to expire on 24 November 2014, together with a balance of term of 1 year and 3 months commencing on 25 November 2014 and expiring on 24 February 2016.
In respect of Count 1, murder of Devril Leuthwaite, sentenced to a term of imprisonment comprising a non-parole period of 19 years, commencing on 25 February 2013 and expiring on 24 February 2032 on which date the offender will be eligible for release on parole, together with a balance of term of 6 years and 4 months commencing on 25 February 2032 and expiring on 24 June 2038.
The total effective non-parole period in respect of Counts 1, 2 and 3 is a period of 21 years and 6 months, with a balance of term of 6 years and 4 months.
Catchwords: CRIMINAL LAW - sentencing - plea of guilty - felony murder - constructive murder - foundational offence of aggravated assault with intent to rob committed inside victims' dwelling house - offender accidentally shot in face by co-offender before discharging firearm which killed deceased - offender with long standing personal problems including drug use and anti-social personality characteristics - no link established between offender's anti-social personality disorder and any abusive or deprived upbringing - no basis for findings of special circumstances Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Standard Non-Parole Periods) Bill, 2013Cases Cited: Bollen v R (1998) 99 A Crim R 510
Brown v R [2006] NSWCCA 395
Foster v R [2011] NSWCCA 285
Hudd v R [2013] NSWCCA 57
Muldrock v R [2011] HCA 39
Pearce v R (1998) HCA 57; 194 CLR 610
R v Jacobs (2004) 151 A Crim R 452
R v JB; R v RJH (1999) NSWCCA 93
R v Koloamatungi [2011] NSWCCA 288
R v Mills, (Court of Criminal Appeal, 3 April 1995 unreported)
R v Nguyen [2007] NSWSC 389
R v Previtera (1997) 94 A Crim R 76
R v Raad [2011] NSWCCA 138
R v Thompson [2011] NSWSC 1130Category: Sentence Parties: Regina (Crown)
Gavin Anthony Bell (Offender)Representation: Counsel:
P McGrath (Crown)
M Ainsworth (Offender)
Solicitors:
Solicitor for…
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- AGLC
- Regina v Bell, Gavin Anthony [2013] NSWSC 1838
- Case
- [2013] NSWSC 1838
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court encompassed the appropriate sentencing for the respondent, considering his plea of guilty, the nature of the crime, and the respondent's personal history. The court had to weigh the severity of the crime against the respondent's long-standing personal problems, which included drug use and anti-social personality characteristics. Additionally, the court needed to assess whether the respondent's anti-social personality disorder stemmed from an abusive or deprived upbringing, which could have been a basis for special circumstances in sentencing.
The court deliberated on the respondent's background and the mitigating factors presented. It was noted that there was no established link between the respondent's anti-social personality disorder and any abusive or deprived upbringing. Consequently, the court found no basis for special circumstances. In determining the sentence, the court considered the severity of the crime, the respondent's plea of guilty, and his personal history. Ultimately, the court delivered its judgment, providing a comprehensive analysis and arriving at a sentence that reflected the gravity of the offence while taking into account the respondent's mitigating factors.
The final orders of the court included a custodial sentence for the respondent, specifying the term of imprisonment and any additional conditions or requirements. The court also made provisions for the respondent's rehabilitation and reintegration into society, acknowledging the need for addressing his underlying issues to prevent future criminal conduct.
Orders
Orders of the court
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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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