CITATION: R v ANDREWS [2003] NSWCCA 7 HEARING DATE(S): 23 October 2002 JUDGMENT DATE:
6 February 2003JUDGMENT OF: Heydon JA at 1; Hulme J at 2; Hidden J at 46 DECISION: Leave to appeal granted; Appeal dismissed. PARTIES :
Regina
Stephen John ANDREWSFILE NUMBER(S): CCA 60121 of 2000 COUNSEL: Crown: W Dawe QC
Appellant: PR BoultenSOLICITORS: Crown: SE O'Connor
Appellant: David H Cohen & Co
LOWER COURTJURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): 70031/98 LOWER COURT
JUDICIAL OFFICER :Ireland J
No: 60121/00
Thursday 6 February 2003HEYDON JA
HULME J
HIDDEN J
R v Stephen john ANDREWS
Judgment
1 HEYDON JA: I agree with Hulme J that it is not necessary to decide the somewhat difficult issues discussed in [4]-[16], because even if the trial judge erred in one or more of the respects which the appellant alleged, the proviso should be applied for the reasons given by Hulme J. I also agree with Hulme J’s observations about sentence, and with his proposed orders.
2 HULME J: On 30 September 1999 the Appellant, Stephen John Andrews, was convicted by a jury of the murder of his de facto wife, Julie Wells Andrews. On 22 February 2000 he was sentenced by Ireland J to imprisonment for a period of 21 years including a minimum term of 16 years both of which periods commenced on 24 December 1997, the date of her death and his arrest.
3 At the Appellant’s trial there was no dispute that he had killed his wife by firing shots from a .22 calibre rifle. Two bullets entered her brain and another two bullets were fired. In issue was the question of his intent. It was argued that in light of, inter alia, evidence of the Appellant’s ingestion of alcohol and a drug Zoloft, and expert evidence as to their effect, the jury could not be satisfied that at the relevant time the Appellant had an intent to kill or do grievous bodily harm. The Crown sought to pray in aid of its case, evidence of the Appellant’s movements on the night and what it describes as evidence of motive, that being jealousy on the part of the Appellant.
4 Evidence falling within this latter category, and to which exception is taken in the appeal, consisted of the following:-
- (i) Evidence from Alison Andrews, a daughter of the Appellant and deceased who said that on the night of 2 November 1997, at a wedding, another man showed an interest in the deceased, the Appellant “got angry” and a fight occurred between the Appellant and that man which was broken up by Mr Withers. The deceased’s mother, Mrs Hawken, gave evidence of having been told by the deceased that on that occasion the deceased started a fight about her.
- (ii) A Mark Munro gave evidence of social contact with the deceased in 1994 at a time when she and the Appellant were separated. Some months, and it may have been a substantial…
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- R v Andrews [2003] NSWCCA 7
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- [2003] NSWCCA 7
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CaseChat Overview and Summary
The court also considered the appellant's appeal against his sentence, which was 21 years imprisonment with a non-parole period of 16 years. The appellant argued that the sentence was excessive given his age, lack of criminal history, and the mitigating circumstances of the case. While acknowledging these factors, the court found that the severity of the crime, the degree of planning, and the brutal nature of the murder justified the sentence imposed. The court granted leave to appeal against the sentence but dismissed the appeal, finding that the sentence was within the legitimate bounds of the sentencing judge's discretion.
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