Taber v R

Case [2021] NSWDC 60


District Court


New South Wales

Medium Neutral Citation: TABER v R [2021] NSWDC 60
Hearing dates: 2 February 2021, 12 February 2021
Date of orders: 18 February 2021
Decision date: 18 February 2021
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Appeal dismissed, orders of Local Court Magistrate confirmed.

Catchwords:

CRIME – assault occasioning actual bodily harm -domestic violence

APPEAL – severity – no criminal history – remorse - general deterrence – competing submissions

Legislation Cited:

Crimes Act, 1900

Crimes (Sentencing Procedure) Act, 1999

Cases Cited:

Casella v R [2019] NSWCCA 201

Cherry v R [2017] NSWCCA 150

Cross v R [2019] NSWCCA 280

Doan v R (2000) 50 NSWLR 115

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

DPP v Darcy-Shillingsworth [2017] NSWCCA224

Eckermann [2013] NSWCCA 188

Efthiamadis v The Queen (No 2) [2016] NSWCCA 9

Fangaloka v The Queen [2020] HCASL 12

Greaves v R [2020] NSWCCA 140

Hamid [2006] NSWCCA 302

Hiron [2007] NSWCCA 336

Hopley v R [2008] NSWCCA 105

Karout v R [2019] NSWCCA 253

Karout v The Queen [2020] HCASL 56

McCullough v R [2009] NSWCCA 94

Munda v Western Australia [2013] HCA 38

Parker v DPP (1992) 28 NSWLR 282

R v Biles (No 2) [2017] NSWSC 525

R v Boney [2008] NSWCCA 313

R v Elphick [2021] NSWDC 1

R v Fangaloka [2019] NSWCCA 173

R v Merrin [2007] NSWCCA 255

R v PGM (2008) 187 A Crim R 152

R v Pullen [2018] NSWCCA 264

Tepania v R [2018] NSWCCA 247

The Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 2 of 2002 (2002) 137 A Crim R 196

Vragovic [2007] NSWCCA 46

Wany v DPP [2020] NSWCA 318

Zamagias [2002] NSWCCA 17

Zreika v R (2012) 223 A Crim R 260

Texts Cited:

"And What is New for 2021" in the Current Issues section of the Australian Law Journal (2021) 95 ALJ 9

Category:Principal judgment
Parties: Benjamin Joseph Taber (Appellant)
Director of Public Prosecutions (Crown)
Representation: Solicitors:
Ms L Hanshaw (for the Crown)
Mr Z Tankard (for the Apellant)
File Number(s): 2020/178765
Publication restriction: No
 Decision under appeal 
Court or tribunal:
Wagga Wagga Local Court
Date of Decision:
25 January 2021
File Number(s):
2020/178765

Judgment

  1. The appellant, Benjamin Joseph Taber appeals against the severity of an aggregate sentence of 20 months with a non-parole period of 10 months imposed at the Wagga Wagga Local Court on 25 January 2021 in respect of a total of six charges of Assault Occasioning Actual Bodily Harm which are incidents of domestic violence.

  2. In chronological order the offences are as pleaded in the Court Attendance Notices:

H74882218 Sequence 1:   

That (he) on 4 May 2020 at Lloyd (in the State of New South Wales) did assault Rachel Taber thereby occasioning to her actual bodily harm, contrary to s 59(1) of the Crimes Act, 1900, and further

Sequence 2:

That (he) on 11 May 2020 at Lloyd (in the State of New South Wales) did…

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Details
AGLC
Taber v R [2021] NSWDC 60
Case
[2021] NSWDC 60
Decision Date

CaseChat Overview and Summary

Taber appealed against a conviction for assault occasioning actual bodily harm, which arose from an incident of domestic violence. The Local Court Magistrate had found Taber guilty and sentenced him to imprisonment. Taber challenged the severity of the sentence, emphasising his lack of criminal history, expressions of remorse, and the potential for rehabilitation. The Crown argued that the sentence was appropriate given the seriousness of the offence and the need for general deterrence.

The court examined the principles of sentencing for assault occasioning actual bodily harm, particularly in the context of domestic violence. The court considered the factors presented by both parties, including Taber’s personal circumstances and the impact of the assault on the victim. The Crown submitted that the sentence should reflect the seriousness of the crime and the need to deter similar offences in the future. Taber’s legal representatives argued that the sentence should take into account his background and the mitigating factors present in his case.

After weighing the competing submissions, the court determined that the sentence imposed by the Local Court Magistrate was appropriate. The court found that while Taber had no criminal history and had shown remorse, the severity of the assault and the need for general deterrence warranted a custodial sentence. The court was satisfied that the Magistrate had considered all relevant factors and had imposed a sentence that balanced the interests of justice and public safety. Consequently, the appeal was dismissed, and the orders of the Local Court Magistrate were confirmed.

Orders

Orders of the court

Appeal dismissed, orders of Local Court Magistrate confirmed.

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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