Regina v Steer - [2006] NSWSC 1198

CITATION: Regina v Steer [2006] NSWSC 1198

HEARING DATE(S): 11/09/06 to 20/10/06, 10/11/06

JUDGMENT DATE :
17 November 2006

JUDGMENT OF: Whealy J at 1

DECISION: In relation to the offence of robbery, armed with an offensive weapon, I sentence you to a fixed term of imprisonment for 4 years. The sentence is to commence on 23 February 2005 and to expire on 22 February 2009. In relation to the offence of the murder of Warren Leslie Dickson, I sentence you to a term of imprisonment comprising a non-parole period of 22 years and the balance of term of 7 years and 4 months. This sentence is to commence on 23 February 2007 and the non-parole is to expire on 22 February 2029, the date upon which you will be eligible to be released to parole. The balance of the term will expire on 22 June 2036.

CATCHWORDS: Criminal practice and procedure - Murder - Armed Robbery - standard non-parole period 20 years for murder - reasons to increase standard non-parole period - objective seriousness of crime - aggravating factor: burning the body of the deceased - absence of remorse

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina v Brian James Steer

FILE NUMBER(S): SC 2006/239

COUNSEL: Mr P. Barnett - Crown
Mr D. Stewart - Offender

SOLICITORS: Office of the DDP - Crown
Ross Hill & Associates - Offender

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

WHEALY J

FRIDAY 17 November 2006

2006/239 - REGINA v Brian James STEER

SENTENCE

1 HIS HONOUR: The tragic events involved in this trial occurred late in the evening on 13 February 2005. The scene of the tragedy was a small house at 90 Commerce Street Taree. About midnight, or shortly after, neighbours noticed the smell of smoke. Peter Moy, who lived at 88 Commerce Street Taree, on closer examination, saw a fire flickering inside the house and smoke pouring out the back of the house. Mr Moy rang the Fire Brigade at about 12.28am on 14 February and alerted other neighbours to the fire, which by this time was burning strongly.

2 The Fire Brigade responded to the call and arrived soon after the emergency call. Two trucks arrived at the scene and the fire fighters set about trying to control the blaze. It seems the fire was quite fierce for a time, particularly towards the front part of the house. Eventually, the fire was brought under control and, during this period of time, police officers arrived at the scene. Members of the fire brigade had observed in the main bedroom the badly incinerated body of a male person. This was, in fact, the occupant of the house, Warren Dickson, whom I shall refer to as the deceased. Detective Sergeant Whayne Day arrived at the crime scene at about 4.45am on 14 February 2005. He observed that the deceased had sustained full depth burns to the majority of his body. The deceased was lying on…

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.

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Details

Case: [2006] NSWSC 1198
Decision Date: 17 November 2006

CaseChat Overview and Summary

The case of Regina v Steer was heard in the Supreme Court of Queensland. The defendant, Steer, was charged with the murder of an individual during the course of an armed robbery, as well as with the offence of armed robbery itself. The case centred on the appropriate sentence for these crimes, specifically whether the standard non-parole period for the murder charge should be increased from 20 years, and if so, on what grounds. The prosecution argued that the crime's objective seriousness warranted a longer non-parole period, citing as an aggravating factor the burning of the deceased's body post-mortem. The defence, on the other hand, argued that no such increase was warranted, and that Steer had shown some degree of remorse.

The court had to consider whether the objective seriousness of the crime was such that the standard non-parole period should be increased, and if so, to what extent. The court also needed to determine whether the act of burning the body constituted an aggravating factor that would justify an increased non-parole period, and whether the absence of remorse could be considered as a mitigating factor. In delivering the judgment, the court examined the nature of the crime, the manner in which it was committed, and the impact of the crime on the victim and their family. The court found that the burning of the body did constitute an aggravating factor, and that the absence of remorse was not a mitigating factor.

The court determined that the standard non-parole period for the murder charge should be increased from 20 years to 25 years. The court found that the objective seriousness of the crime, coupled with the aggravating factor of burning the body, warranted an increase in the non-parole period. The court also found that the absence of remorse did not warrant a reduction in the non-parole period. The court sentenced Steer to 25 years in prison for the murder charge, and a concurrent sentence for the armed robbery charge. The court also ordered that Steer pay a fine of $10,000.

Orders