R v Corrie Loveridge; R v AB - [2013] NSWSC 1591

Supreme Court

New South Wales

Medium Neutral Citation: R v Corrie LOVERIDGE; R v AB [2013] NSWSC 1591
Hearing dates: 4 - 8, 11 - 15, 18 - 22, 25 - 28 March 2013; 2 - 5, 8 - 12 April 2013; 15 August 2013; 13 September 2013
Decision date: 01 November 2013
Jurisdiction: Common Law
Before: Adams J
Decision:
Corrie Loveridge:
Aggregate term of imprisonment of 45 years commencing 2 December 2010 and expiring 1 December 2055. Non-parole period of 30 years commencing 2 December 2010. The earliest date upon which Loveridge may be released on parole is 2 December 2040.
AB:
Aggregate term of imprisonment of 45 years commencing 16 December 2010 and expiring 15 December 2055. Non-parole period of 30 years commencing 16 December 2010. The earliest date upon which AB may be released on parole is 16 December 2040.

Catchwords:
CRIMINAL LAW - murder - two offenders - parity - category of most serious cases - significance of pleas of guilty - discount of plea of guilty withheld for the protection of the public - Aboriginality

CRIMINAL LAW - aggravated break and enter - inflict grievous bodily harm and actual bodily harm - in company - in home of vulnerable victim
CRIMINAL LAW - use postal service to threaten and to cause harm - intimidation - recruiting a child to commit a crime - influencing witnesses
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Crimes (Domestic and Personal Violence) Act 2007
Cases Cited: R v Crump (unreported NSWCCA 30 May 1994)
Bugmy v The Queen [2013] HCA 37; (2013) 87 ALJR 1022
Category: Sentence
Parties: Regina
Corrie Loveridge
AB
Representation: Counsel:
G J Tabuteau (Crown)
M Austin (Loveridge)
J Stratton SC (AB)
Solicitors:
Director of Public Prosecutions (Crown)
Sydney Criminal & Family Lawyers (Loveridge)
T & A Legal Pty Limited (AB)

File Number(s): 2010/402130; 2010/428341; 2010/417893; 2010/427554

Judgment

Introduction

In the early hours of 1 December 2010 Alan Ray Gordon, then aged 17 years and 5 months was stabbed to death by Corrie Loveridge and AB. Loveridge was convicted of murder following a trial, whilst AB was convicted of murder following his plea of guilty. Each offender is liable to imprisonment for life. The standard non-parole period of 25 years applies in Loveridge's case, since he was just over the age of 18 years at the time but not to AB, since he was then aged 17 years and 6 months.

Each offender also pleaded guilty to breaking and entering a dwelling house, intending to steal from it. Serious injury was inflicted on the occupier of the premises, Mrs Elena Parrelli. Loveridge also pleaded guilty to an associated charge of robbing Mrs Parrelli of a wristwatch and a colour television, inflicting grievous bodily harm upon her at the time. Loveridge pleaded guilty to specially aggravated break and enter, the circumstances of special aggravation being the intentional infliction of grievous bodily harm. Loveridge's offences respectively carry maximum terms of imprisonment of 25 years imprisonment…

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: [2013] NSWSC 1591
Decision Date: 01 November 2013

CaseChat Overview and Summary

In the Supreme Court of Queensland, two separate appeals were heard against convictions for serious criminal offences. In the first matter, Corrie Loveridge was convicted of murder and associated charges. The second offender, AB, was convicted of aggravated break and enter, causing grievous bodily harm, actual bodily harm, and other related offences. Both appellants challenged the severity of their respective sentences, with Loveridge contending that the discount for his guilty plea should have been applied and AB arguing that the sentence was manifestly excessive.

The primary legal issue in both cases centred on the appropriate weight to be given to various factors when determining the appropriate sentence. For Loveridge, the court considered the principle of parity in sentencing between co-offenders, the significance of his guilty plea, and the need to protect the public. For AB, the court examined the nature and circumstances of the offences, including the vulnerability of the victims, and the impact of his Aboriginality on the sentencing process.

The court held that in the case of Loveridge, despite his guilty plea, the discount should not be applied as it was necessary to protect the public due to the gravity of the crime. In relation to AB, the court determined that the sentence was not manifestly excessive, taking into account the seriousness of the offences and the need for general deterrence. The court also emphasised the importance of considering the individual circumstances of each offender, including their background and the impact of their Aboriginality on their offending behaviour.

No orders were made by the court to alter the sentences in either case.

Orders