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District Court 6 June 2016

Beckett v R

[2016] NSWDC 280

Assault & violence
CRIMINAL LAW APPEAL AGAINST SEVERITY OF SENTENCE APPELLANT INTOXICATED NEED FOR GENERAL DETERRENCE APPEAL DISMISSED

Citation: Beckett v R [2016] NSWDC 280
Court: District Court of New South Wales
Date: 6 June 2016
Judge: Neilson DCJ

Background

The appellant pleaded guilty in the Downing Centre Local Court to a charge of common assault arising from an incident on 23 January 2016 outside a licensed venue in Potts Point. The victim was a security guard employed to enforce responsible service of alcohol at the premises. The assault occurred after the guard refused entry to the appellant's boyfriend on the basis that he was visibly intoxicated.

When the security guard attempted to remove the boyfriend from the queue, the boyfriend struck the guard twice, including a closed-fist punch to the jaw. The appellant, who had been drinking since 1pm that day, then slapped the guard repeatedly with open palms on his neck, shoulders and ribs, before both she and the guard fell to the ground. No actual bodily harm was alleged or found.

The Chief Magistrate sentenced the appellant to a 12-month good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999, which carries a conviction. The appellant sought to have that sentence replaced with a bond under section 10(1)(b), which would have avoided a recorded conviction entirely.

  • Whether the Local Court erred in imposing a section 9 bond rather than a section 10 bond (which would have resulted in no conviction being recorded)
  • Whether general deterrence required a meaningful penalty for alcohol-fuelled assault in a public place, even where no actual bodily harm resulted
  • Whether a recorded conviction would prejudice the appellant's prospective career in community services or social work

Decision

Neilson DCJ dismissed the appeal, finding that the section 9 bond imposed by the Chief Magistrate was appropriate and that substituting a section 10 bond would have been inadequate. The court accepted that, given the appellant's age and background, specific deterrence was not a significant concern. However, general deterrence was a paramount consideration for offences of this kind.

The court drew on the Court of Criminal Appeal's reasoning in Pattalis v R [2013] NSWCCA 171, where Hoeben CJ at CL emphasised that alcohol-fuelled assaults in public places require meaningful penalties. The community's expectation of condign punishment for such conduct applied even where the assault did not result in actual bodily harm.

On the question of career impact, the court noted there was no evidence before it that the recorded conviction would, in fact, prevent the appellant from working in community services or with troubled youth. The court also observed that the offence was not of a sexual nature, which distinguished it from categories of conviction most likely to impede employment in such fields.

Intoxication was not accepted as a mitigating factor. Under New South Wales law, acting out of character due to voluntary intoxication carries no mitigating weight and may itself be treated as an aggravating circumstance.

Orders Made

  • Appeal dismissed.

Key Takeaways

  • In dismissing the appeal, the District Court confirmed that alcohol-fuelled public assaults require meaningful penalties to achieve general deterrence, even where no actual bodily harm is caused.
  • A section 10 bond (no conviction recorded) will not ordinarily be appropriate for offences of this nature, as it fails to provide the condign punishment the community expects for alcohol-related violence in public places.
  • Voluntary intoxication does not mitigate an assault and may be treated as aggravating under New South Wales law.
  • Claims that a conviction will damage employment prospects must be supported by evidence; bare assertions about potential career harm are insufficient to justify reducing a sentence.
  • The principles affirmed in Pattalis v R [2013] NSWCCA 171 regarding the seriousness of alcohol-fuelled assaults apply beyond cases involving actual bodily harm, extending to common assault on the circumstances here.

Legislation and Cases Referenced

Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW), sections 9 and 10(1)(b)

Cases
- Pattalis v R [2013] NSWCCA 171