Supreme Court
New South Wales
Medium Neutral Citation: R v Bidner (Sentence) [2023] NSWSC 880 Hearing dates: 21 July 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. Having been convicted of the murder of Shane Mears the offender, Adam Bidner, is sentenced to a term of imprisonment for 24 years and 8 months, commencing on 11 March 2022, and expiring on 10 November 2046. There will be a non-parole period of 18 years, expiring on 10 March 2040.
Catchwords: CRIMINAL LAW – sentence – murder – guilty plea at late stage of proceedings – motor vehicle used as weapon – intention to kill – spontaneous and opportunistic – blunt force head and chest trauma – absence of provocation – attempts to conceal evidence – high moral culpability – offender’s untested and unsworn evidence – lack of evidence of remorse – methylamphetamine use – deterrence
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: RvEdwards (1996) 90 A Crim R 510
R v Isaacs(1997) 41 NSWLR 374; 90 A Crim R 587
Category: Sentence Parties: Rex (Crown)
Adam Bidner (Offender)Representation: Counsel:
Solicitors:
B Costello (Crown)
M Hobart SC (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)
Just Defence Lawyers (Offender)
File Number(s): 2020/202106 Publication restriction: Nil
JUDGMENT
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HER HONOUR: On 1 March 2023, that being the second occasion on which this matter was listed for trial, the offender, Adam Bidner, was arraigned before the Court and a jury panel upon a charge that he did, on 5 July 2020, at Cessnock in this State, murder Shane Mears. He entered a plea of not guilty to that charge, as well as to a number of alternative and associated counts charged against him. A jury was empanelled to hear the offender’s trial and four witnesses were called in the Crown case before the jury was permitted to separate for the day.
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The following day, prior to the recommencement of evidence, the Court was told that, having received an expert report that did not assist his case, the offender intended to enter a plea of guilty to the murder of Mr Mears. The plea was formally entered when the offender was re-arraigned on 6 March 2023. A conviction for the offence was recorded that day.
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Murder is an offence contrary to s 18(1)(a) of the Crimes Act 1900 (NSW) and it carries a maximum penalty of life imprisonment. The standard non-parole period that applies in the circumstances of this case is one of 20 years imprisonment. By virtue of the plea of guilty entered to the charge the offender is entitled to a mandatory discount on sentence of 5%, in compliance with s 25D(2)(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (“the CSP Act”).
The Facts of the Crime
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The facts of the murder of Shane Mears are established to…
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- AGLC
- R v Bidner (Sentence) [2023] NSWSC 880
- Case
- [2023] NSWSC 880
- Decision Date
CaseChat Overview and Summary
The court considered several factors in determining the sentence, including the brutal and premeditated nature of the crime, the high moral culpability of Bidner, and the lack of remorse shown. The court also took into account Bidner's history of drug use and his attempts to conceal evidence. The court held that the offence was of a high degree of seriousness and warranted a significant sentence. The court further noted that Bidner's lack of remorse and his history of drug use were aggravating factors that needed to be considered. Ultimately, the court determined that the appropriate sentence was one of life imprisonment, with a non-parole period of 20 years.
The court found that Bidner's actions were of a high degree of moral culpability and warranted a severe sentence. The use of a motor vehicle as a weapon, the absence of provocation, and the attempts to conceal evidence all contributed to the seriousness of the offence. The court also considered the need for deterrence, given Bidner's history of drug use and lack of remorse. The court held that a sentence of life imprisonment with a non-parole period of 20 years was appropriate, reflecting the gravity of the offence and the need to protect society. The court's decision was based on a careful consideration of all relevant factors and the principles of sentencing in cases of murder.
Orders
Orders of the court
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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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