Berryman v R; Wood v R [2018] NSWDC 486

Berryman v R; Wood v R [2018] NSWDC 486

Both offenders were equally morally culpable in causing prolonged suffering and death to a kangaroo, with one (Woods) inflicting physical harm and the other (Berryman) encouraging and filming. Sentences imposed by the Local Court were appropriately custodial due to the seriousness of the offending, but, to ensure parity and due to special circumstances (youth, first term of custody, and need for rehabilitation), the sentences and non-parole periods were adjusted so each served 20 months imprisonment with a 10 month non-parole period, and were to undertake psychiatric counselling.

Parties
Appellant: Kyle William Berryman; Appellant: Samuel Jade Woods; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Criminal Sentence Appeal / Judgment on Appeal Against Sentence
Outcome
Sentence appeals dismissed. Sentences varied in length and structure to grant parity and to find special circumstances for both offenders.
Legal Topics
Animal Cruelty, Sentencing, Parity, Special Circumstances
Criminal Law Animal Cruelty Sentencing Parity Special Circumstances

Case Brief

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Parties

Kyle William Berryman

Appellant

Samuel Jade Woods

Appellant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for seriously injuring and killing an animal was manifestly excessive
  2. 2 Whether parity between offenders required adjustment to the sentences
  3. 3 Whether special circumstances justified departure from statutory ratio of parole period

Ratio Decidendi

Both offenders were equally morally culpable in causing prolonged suffering and death to a kangaroo, with one (Woods) inflicting physical harm and the other (Berryman) encouraging and filming. Sentences imposed by the Local Court were appropriately custodial due to the seriousness of the offending, but, to ensure parity and due to special circumstances (youth, first term of custody, and need for rehabilitation), the sentences and non-parole periods were adjusted so each served 20 months imprisonment with a 10 month non-parole period, and were to undertake psychiatric counselling.

Court Disposition

Sentence appeals dismissed. Sentences varied in length and structure to grant parity and to find special circumstances for both offenders.

Orders

  • For Berryman: Sentence appeal dismissed. Imprisonment for 20 months (NPP 10 months) from 25/5/18 to 24/1/20, release to parole on 24/3/19. Psychiatric counselling required.
  • For Woods: Sentence appeal dismissed. Sentence reduced by 4 months for parity. Imprisonment for 20 months (NPP 10 months) from 27/3/18 to 26/11/19, release to parole on 26/1/19. Psychiatric counselling required.