Citation: R v Benjamin James Murphy [2018] NSWDC 203
Court: District Court of New South Wales
Date: 8 June 2018
Judge: Hatzistergos DCJ
Background
The offender was employed at a warehousing company and had a prior grievance with a co-worker stemming from an incident the previous working Friday. On 1 March 2016, the offender attended work already hostile toward the victim, having asked a colleague whether the victim would be at work that day and expressing anger about him.
When a routine workplace task prompted a confrontation, the offender initiated an argument, produced a knife from his pants, and stabbed the victim in the stomach. Two co-workers witnessed the stabbing. After the incident, the offender left the factory appearing calm, denied having a knife, and claimed the knife later found near his car had been there all morning. DNA evidence linked the offender to the knife handle and the victim to blood on the blade.
The victim sustained a life-threatening penetrating abdominal injury, including a laceration to the liver that required six hours of emergency surgery. A significant scar and lasting psychological harm, including anxiety, hypervigilance, and disrupted capacity to work, were documented in a victim impact statement.
Legal Issues
- Whether the offence fell within the mid-range of objective seriousness for a charge of causing grievous bodily harm with intent under s 33(1)(b) of the Crimes Act 1900 (NSW)
- What discount, if any, should be applied to reflect the utilitarian value of the guilty plea, entered on the first day of trial
- How the multiple aggravating factors, including commission while on conditional liberty, prior criminal history, and offending under the influence of methylamphetamine, should weigh in the sentence
- Whether genuine remorse had been established, and what weight to give to the offender's prospects of rehabilitation
- How methamphetamine use and any associated psychiatric considerations affected the sentencing exercise
Decision
Hatzistergos DCJ assessed the offence as falling within the mid-range of objective seriousness. The court identified several aggravating features: the offender attended the workplace armed with a knife capable of causing serious harm; there was evidence of some planning, including a threatening remark made approximately half an hour before the stabbing; the attack was on a stranger in a workplace; and the offender was on conditional liberty at the time.
The court declined to find genuine remorse. The offender's self-defence claim in the police interview, combined with his post-offence conduct, including denying the knife was his and attempting to minimise his involvement, weighed against any conclusion that remorse had been established. A private psychiatric report was tendered, but the offender declined to be interviewed by Justice Health, limiting the court's assessment. The court noted a medium risk of reoffending and described rehabilitation prospects as guarded.
The guilty plea was entered on the first day of trial, rather than at an early opportunity. Applying the principles from R v Thompson; R v Houlton, the court allowed a discount of 12.5 percent on the utilitarian value of the plea, noting that the late timing reduced the credit available. The base sentence before any discount was assessed at 8 years.
On the methamphetamine use, the court acknowledged the offender had been using the drug for approximately 18 months and reported paranoia and delusional thinking at the time. However, the intoxication was treated as an aggravating factor, consistent with s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW), given that the offender had voluntarily consumed the substance. The sentencing judgment acknowledged the offender's relative youth and the importance of rehabilitation as a consideration, but balanced this against the need for general deterrence, denunciation, and community protection.
Orders Made
- The offender was convicted of causing grievous bodily harm with intent under s 33(1)(b) of the Crimes Act 1900 (NSW)
- A sentence of 7 years' imprisonment was imposed, running from 4 May 2016 to 3 May 2023 (reflecting a 12.5% reduction from the 8-year base)
- Non-parole period of 4 years and 9 months, from 4 May 2016 to 3 February 2021
- Additional term of 2 years and 3 months, from 4 February 2021 to 3 May 2023
- Earliest possible release date: 4 February 2021
Key Takeaways
- A guilty plea entered on the first day of trial, rather than at an early stage, attracted only a 12.5% discount in this case, consistent with the principle that the utilitarian value of a late plea is substantially reduced.
- Voluntary methamphetamine intoxication was treated as an aggravating factor under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW), even where the offender reported paranoid and delusional symptoms at the time of the offence.
- Remorse requires more than a plea of guilty; the court found that post-offence denials, a self-defence account in the police interview, and minimising conduct collectively undermined any claim to genuine remorse.
- Commission of the offence while on conditional liberty remained a significant aggravating factor in the sentencing calculus, weighed alongside the offender's prior criminal history.
- Where an offender declines to participate in a court-ordered psychiatric assessment, the court is left to proceed on available material, which may limit findings favourable to the offender on rehabilitation and mental health grounds.
Legislation and Cases Referenced
Legislation
- Crimes Act 1900 (NSW), ss 33(1)(b), 192E(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 12, 21A, 22, 28, 44
Cases
- R v Thompson; R v Houlton (2000) 49 NSWLR 383
- R v Chisari [2006] NSWCCA 19
- R v Pitt [2005] NSWCCA 304
- WW v R [2012] NSWCCA 165
- Alkanaan v R [2017] NSWCCA 56
- R v Burkowski [2009] NSWCCA 102
- R v Gerald Thomas Martin [2002] NSWSC 577