R v Camelo-Gomez (Sentence)

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Supreme Court


New South Wales

Medium Neutral Citation: R v Camelo-Gomez (Sentence) [2022] NSWSC 1559
Hearing dates: 27 October 2022
Date of orders: 16 November 2022
Decision date: 16 November 2022
Jurisdiction:Common Law
Before: Wilson J
Decision:

1. For the murder of Irene Jones on 2 November 2001, at Lansvale in this State, the offender is sentenced to a term of imprisonment of 20 years, with a non-parole period of 14 years. The sentence will commence on 20 May 2022. The non-parole period will expire on 19 May 2036, upon which date the offender will be eligible for release to parole. The total term will expire on 19 May 2042.

Catchwords:

CRIME – murder – offender found guilty at trial – joint criminal enterprise with another – victim offender’s mother – offence committed in home of victim – death by ligature strangulation and stabbing – question of the offender’s moral culpability – other offender unlikely to face justice – hardship to children

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act1999 (NSW)

Cases Cited:

Beale v R [2015] NSWCCA 120

Carter v R [2018] NSWCCA 138

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

FPvTheQueen (2012) 224 A Crim R 82; [2012] NSWCCA 182

Holyoak v R (1995) 82 A Crim R 502

King v R [2010] NSWCCA 202

KR v R [2012] NSWCCA 32

Magnusonv R [2013] NSWCCA 50

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

R v Cotter & Ors [2003] NSWCCA 273

R v Edwards (1996) 90 A Crim R 510

R v Gonzales [2004] NSWSC 822

R v Isaacs (1997) 41 NSWLR 374; 90 A Crim R 587

R v Lewis [2001] NSWCCA 448

RvMacLeod [2013] NSWCCA 108

R v Mostyn (2004) 145 A Crim R 304; [2004] NSWCCA 97

R v Ritchie [2003] NSWSC 864

R v TJA [2004] NSWSC 1308

R v Walkington [2003] NSWSC 517

R v Weightman [2005] NSWSC 1354

R v Wilkinson [2004] NSWSC 1307

R v Wirth (1976) 14 SASR 291

R v Zerafa (2013) 235 A Crim R 265; [2013] NSWCCA 222

TL v R [2020] NSWCCA 265

Totaan v R [2022] NSWCCA 75

WaughvTheQueen [2010] NSWCCA 3

Category:Principal judgment
Parties: Rex (Crown)
Isabela Carolina Camelo-Gomez (Accused)
Representation:

Counsel:
D Scully & G Steedman (Crown)
B Rigg SC & C Wasley (Accused)

Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid (NSW) (Accused)
File Number(s): 2019/298987
Publication restriction: Nil. Note that information identifying the children of the Offender cannot be published.

Judgment

  1. On the late evening of 2 November 2001 Irene Jones, who had earlier returned to her Lansvale home after a celebratory birthday dinner spent with her daughter at a restaurant, went into the kitchen to make herself a cold drink. As she stood with her back to the lounge room, a ligature was dropped over her head from behind, and lowered to…

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Details
Case
[2022] NSWSC 1559
Decision Date

CaseChat Overview and Summary

The case of R v Camelo-Gomez involved the defendant, Camelo-Gomez, who was found guilty of murder following a trial. The victim, his mother, was killed in the family home through ligature strangulation and stabbing. The court was required to determine the appropriate sentence for the defendant, taking into account the nature of the crime, the defendant’s moral culpability, and the circumstances of the case. Specifically, the court needed to consider the fact that the offence was part of a joint criminal enterprise with another individual who was unlikely to face justice, as well as the potential hardship to the children of the offender.

The court examined the principles of sentencing for murder, focusing on the severity of the crime and the defendant's role in it. Given that the murder was particularly heinous, involving both strangulation and stabbing, the court gave significant weight to the brutality of the crime. The fact that the offender's co-conspirator was unlikely to face justice was also considered, as it highlighted the defendant's role in the criminal enterprise. Additionally, the court took into account the potential hardship to the children of the offender, which influenced the sentencing decision. Ultimately, the court balanced these factors to determine an appropriate sentence that reflected the gravity of the crime while considering the broader impact on the family and community.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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