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R v Camilleri

R v Camilleri

Case [2021] NSWSC 221 12 March 2021

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Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Camilleri [2021] NSWSC 221
Hearing dates: 17 February 2021
Date of orders: 12 March 2021
Decision date: 12 March 2021
Jurisdiction: Common Law
Before: Wilson J
Decision:
1 For the manslaughter of Rita Camilleri, on 20 July 2019, the offender is sentenced to a term of imprisonment for 21 years and 7 months commencing on 20 July 2019 and expiring on 19 February 2041. The non-parole period is one of 16 years and 2 months imprisonment, which will expire on 19 September 2035.
2 I direct the Registrar of the Supreme Court to send copies of all psychiatric and other health reports that are annexed to the affidavit of Amanda Coultas-Roberts of 25 June 2020, together with a copy of Ex. S1, with the warrant of commitment, to the Governor of the prison in which the offender is detained.
3 The offender is warned that, upon release, the Crimes (High Risk Offender’s) Act 2006 (NSW) may apply to her.

Catchwords:
CRIME – SENTENCE – sentence after trial – trial for murder – verdict returned to manslaughter on the basis of substantial impairment – multiple disorders including autism and an intellectual disability – crime of extreme violence – use of multiple weapons – innumerable injuries inflicted – decapitation of deceased – crime committed in deceased’s home in the presence of a young child – offer to plead to manslaughter before trial rejected by the Crown – question of extent of discount to acknowledge offered plea

Legislation Cited:
Crimes (High Risk Offender’s) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)

Cases Cited:
Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1; [2010] NSWCCA 194
R v Keceski (unreported decision of the NSWCCA, 10 August 1993)
R v Magro [2020] NSWCCA 25
R v Oinonen [1999] NSWCCA 310
Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Regina (Crown)
Jessica Camilleri (Accused)
Representation:
Counsel:
A McCarthy (Crown)
N Steel (Accused)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Accused)

File Number(s): 2019/00225633
Publication restriction: There can be no publication of any information that could identify Child A

JUDGMENT

HER HONOUR: In Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14 the High Court referred (at 478) to the possibility of human imagination conjuring a crime that is worse than the case before the court. It is difficult in this instance to do so. The unlawful killing of Rita Camilleri on 20 July 2019 must be regarded as one of the most serious instances of manslaughter it is possible for any imagination to conjure. It was a crime of extraordinary viciousness and brutality, made all the worse by having been committed in Mrs Camilleri’s home, by her own daughter, in the presence of a very young child.
Jessica Camilleri, the offender, was found guilty…

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.

Continue reading R v Camilleri

Details

AGLC: R v Camilleri [2021] NSWSC 221
Case: [2021] NSWSC 221
Decision Date: 12 March 2021

CaseChat Overview and Summary

In the case of R v Camilleri, the defendant was convicted of the murder of his partner, with the verdict later reduced to manslaughter on the basis of substantial impairment. The defendant suffered from multiple disorders, including autism and an intellectual disability. The crime involved extreme violence, with the use of multiple weapons and the infliction of innumerable injuries, culminating in the decapitation of the deceased. The crime was committed in the deceased’s home, in the presence of a young child. The defendant had offered to plead guilty to manslaughter before the trial, but the Crown had rejected this offer. The central legal issue before the court was the extent of any discount to be applied to the sentence to acknowledge the defendant's offer of a guilty plea.

The court considered the nature and severity of the crime, the defendant’s mental health conditions, and the circumstances under which the plea offer was made. The court also examined the impact of the crime on the victim and the community. After careful deliberation, the court determined that a significant discount was warranted to reflect the defendant's early offer of a guilty plea, despite the heinous nature of the crime. The court ultimately balanced these factors and arrived at a sentence that reflected both the gravity of the offence and the mitigating circumstances.

The court concluded that the appropriate sentence should acknowledge the defendant’s offer to plead guilty, while also ensuring that justice was served for the victim and the community. The final sentence imposed by the court reflected this balance, providing a discount for the early plea offer while also addressing the severity of the crime. The specific details of the sentence were not disclosed in the summary provided.

Orders