R v Camelo-Gomez (Sentence) - [2022] NSWSC 1559

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

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] NSWSC 1559
Decision Date: 16 November 2022

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