CITATION: R v CAMPBELL [2010] NSWSC 995 HEARING DATE(S): 13, 14, 15, 16, 19, 20, 21, 22, 27, 28, 29 April,
3, 5, 6,10, 11, 12, 13, 14, 17, 18 May 2010
22 July 2010
22 July 2010
JUDGMENT DATE :
3 September 2010JUDGMENT OF: Latham J DECISION: Desmond Campbell, you are convicted of the murder of Janet Campbell. I sentence you to a non parole period of 24 years, to date from 10 May 2010, expiring 9 May 2034, with a balance of term of 9 years, expiring 9 May 2043. You are eligible for release to parole on 10 May 2034 CATCHWORDS: CRIMINAL LAW-sentence-relevant factors-nature and circumstances of offence-financial gain-premeditation-objective gravity below worst case but above mid-range-nature and circumstances of offender-no special circumstances LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Coulter [2005] NSWSC 101
R v Gonzales [2004] NSWSC 822
R v Walsh [2009] NSWSC 764
R v Mill (1988) 166 CLR 59
R v King (1997 – 1998) 99 A Crim R 288PARTIES: Regina
Desmond Campbell - OffenderFILE NUMBER(S): SC 2009/207160 COUNSEL: M Tedeschi QC / S Herbert - (Regina)
S Hughes - (Offender)SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions - (Regina)
M Bowe Solicitors (Offender)
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONLATHAM J
3 SEPTEMBER 2010
SENTENCE2009/207160 R v DESMOND CAMPBELL
1 HER HONOUR : The offender was found guilty after trial on 18 May 2010 of the murder of Janet Campbell, his wife of 6 months on 24 March 2005. The offence carries a maximum penalty of life imprisonment. In the event that a determinate sentence is imposed, a standard non parole period of 20 years applies. The imposition of the standard non parole period applies to offences falling within the mid range of objective gravity for offences of this type.
2 The maximum penalty is mandated where the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence : s 61(1) Crimes (Sentencing Procedure) Act 1999. The Crown does not contend that this case meets that description. I agree with that submission, although there can be no doubt that the circumstances under which Janet Campbell met her death demonstrate the offender’s sustained callousness towards her, for nothing more than monetary gain. His level of culpability is unquestionably of a high order. However, it falls short of the extreme culpability of the type that has attracted life sentences in the past : see R v Coulter [2005] NSWSC 101 ; R v Gonzales [2004] NSWSC 822 ; R v Walsh [2009] NSWSC 764.
3 Accordingly, it is incumbent on the Court to determine where in the spectrum of objective seriousness this offence lies. The following description of the circumstances surrounding the offence is derived from the evidence at trial, very little of which was in dispute.…
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- AGLC
- R v Campbell [2010] NSWSC 995
- Case
- [2010] NSWSC 995
- Decision Date
CaseChat Overview and Summary
The court needed to assess whether the objective gravity of the offence warranted a sentence below the worst-case scenario but above the mid-range, as argued by the prosecution. Additionally, the court was required to weigh the nature and circumstances of the offender, including any special circumstances that might mitigate the sentence. The defence argued for a lesser sentence due to mitigating factors such as the appellant's lack of prior criminal history and other personal circumstances.
After considering all the arguments and evidence presented, the court found that the objective gravity of the offence was indeed below the worst-case scenario but above the mid-range. The court acknowledged the significant premeditation and financial gain involved but also considered the personal attributes of the offender, which did not present any special circumstances warranting a reduced sentence. The court ultimately decided that a sentence reflecting the severity of the offence, while also taking into account the personal attributes of the offender, was appropriate. Consequently, the court imposed a sentence within the specified range, ensuring it adequately reflected the nature and circumstances of the offence.
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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