Regina v Brewer - [2001] NSWSC 99

CITATION: Regina v Brewer [2001] NSWSC 99

FILE NUMBER(S): SC 70032/99

HEARING DATE(S): 26/04/00, 27/11/00, 28/11/00,29/11/00, 30/11/00, 09/02/01, 16/02/01

JUDGMENT DATE:
1 March 2001

PARTIES :

Crown
Frederick Keith Brewer

JUDGMENT OF: Bell J at 1

COUNSEL : Mr L Grey - Crown
Mr D Stewart - Accused

SOLICITORS: SE O'Connor - Crown
Ross Hill & Associates - Accused

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

DECISION: Sentenced to 20 years and 6 months imprisonment. Non-parole period of 15 years and 4 months specified. Sentence is expressed to commence on 3 January 1999. First date eligible for consideration for release on parole 2 May 2014.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

BELL J

70032/99 - REGINA v Frederick Keith BREWER

SENTENCE

1 HER HONOUR: On 27 November 2000 the prisoner was arraigned before me on an indictment charging him with the murder of Glen Reay at Kamarah on 2 January 1999. He entered a plea of not guilty and a jury was duly empanelled. On the fourth day of the trial the prisoner indicated that he wished to change his plea to one of guilty. In accordance with s 399A of the Crimes Act 1900 (as it then stood) I accepted the plea and discharged the jury from giving verdict in the matter. I found the accused guilty of the murder of Glen Reay and stood the matter over to 9 February 2001 for submissions on sentence.

2 On the evening of Saturday 2 January 1999 the prisoner together with his co-accused, Jeffrey Wayne Tucker, Richard Charles McNellee and Rodney Joel Dalley, made arrangements to lure the deceased to the vicinity of a wheat silo by a railway siding just outside the village of Kamarah with a view to stealing a relatively small quantity of cannabis from him. The prisoner McNellee, who was not known to Reay, telephoned him and set up the meeting. The four who were variously armed with a machete, a knife and a pick handle planned to confront the deceased at this isolated meeting spot both to steal his drugs and to beat him up by way of a lesson. A short time earlier, the prisoner had purchased a deal of cannabis from the deceased through his co-accused, Jeffrey Tucker. He believed that at least half of the cannabis supplied on that occasion had been worthless. This incident appears to have supplied the motive for the scheme to teach the deceased a lesson.

3 The deceased drove to the meeting place in his Toyota Cressida. He was accompanied by a family friend, Frank Cosson. Prior to his arrival at the scene, the prisoner and his three compatriots had taken up positions in the vicinity of the wheat silo.

4 Mr Cosson gave evidence at the trial. He said that once he and the deceased arrived at the scene a man had got into the back seat of the Cressida and asked to inspect the cannabis. It is common ground…

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.

Keep reading for free

Create a free CaseChat account to read Regina v Brewer and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2001] NSWSC 99
Decision Date: 1 March 2001

CaseChat Overview and Summary

In Regina v Brewer, the defendant, Frederick Keith Brewer, was sentenced by Bell J in the Supreme Court of New South Wales for the murder of Glen Reay. Brewer, along with three others, had lured Reay to a secluded location with the intent to steal cannabis and teach him a lesson for providing low-quality drugs. Brewer changed his plea to guilty during his trial, leading to his conviction for murder. During sentencing submissions, it was established that Brewer had stabbed Reay multiple times, intending either to kill him or cause grievous bodily harm. Brewer claimed that he had only confessed to protect another co-offender, but the court found that his admissions were credible and that he intended to kill Reay. The court considered various mitigating factors, such as Brewer's difficult upbringing and low intelligence, but found that these did not warrant a significant departure from the statutory minimum sentencing provisions. Ultimately, Brewer was sentenced to 20 years and 6 months imprisonment, with a non-parole period of 15 years and 4 months, effective from 3 January 1999, with the first eligibility for parole consideration on 2 May 2014.

Orders