R v Cullen - [2015] NSWSC 768

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Cullen [2015] NSWSC 768
Hearing dates: 11 June 2015
Date of orders: 02 July 2015
Decision date: 02 July 2015
Jurisdiction: Common Law - Criminal
Before: Harrison J
Decision:
Sentenced to a term of imprisonment of 30 years commencing on 22 January 2014 and expiring on 21 January 2044 with a non-parole period of 22 years and 6 months expiring on 21 July 2036.

Catchwords: CRIMINAL LAW – sentence – murder – where offender and deceased married but separated at time of death – where offender admitted the acts that killed the deceased – plea of guilty to manslaughter rejected by Crown – where self-defence and provocation only substantial issues at trial – death caused by stabbing in frenzied attack – absence of mitigating factors – no remorse or contrition – above the middle of the range of objective seriousness
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Christodoulou v R [2008] NSWCCA 102
Isaacs v R (1997) 41 NSWLR 374, (1997) 90 A Crim R 587
Markarian v R [2005] HCA 25; (2005) 228 CLR 357
Muldrock v R [2011] HCA 39; (2011) 244 CLR 120
R v Pilley (1991) 56 A Crim R 202
R v Spathis; R v Patsalis [2001] NSWCCA 476
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 456
Category: Sentence
Parties: Regina (Crown)
Christopher Cullen (Offender)
Representation:
S Herbert (Crown)
W Terracini SC (Offender)
Solicitors:
Director of Public Prosecutions (Crown)
Archbold Legal (Offender)

File Number(s): 2014/25737
Publication restriction: Nil

remarks on sentence

HIS HONOUR: The deceased Victoria Comrie Cullen died on 22 January 2014 at Taren Point as the result of severe knife wounds sustained in the course of a ferocious and sustained attack upon her by Christopher Cullen. The deceased was the wife of Mr Cullen and the mother of three of his children. They had been separated since about October the previous year and were in the early stages of litigation about issues that were generated by the breakdown of the relationship.
On 2 June 2015 Mr Cullen was found guilty by a jury of the murder of his wife following a three week trial. Mr Cullen had pleaded guilty to manslaughter for causing her death but the Crown declined to accept that plea in satisfaction of the single charge on the indictment.
The offence of murder 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. In proceeding to determine the appropriate sentence, I am not required to commence by considering whether there are reasons for not imposing the standard non-parole period. Similarly, I am not required to make an assessment of whether or not the offence is within the mid-range of objective seriousness (see Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 at [25]). The relevant statutory provisions generally, and…

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 Cullen

Details

AGLC: R v Cullen [2015] NSWSC 768
Case: [2015] NSWSC 768
Decision Date: 02 July 2015

CaseChat Overview and Summary

In the matter of R v Cullen, the defendant was convicted of murder in the Supreme Court of Victoria. The defendant, who had been married to the deceased but was separated at the time of her death, admitted to the acts that led to the death. The Crown rejected a plea of guilty to manslaughter, and the matter proceeded to trial where self-defence and provocation were the only substantial issues. The deceased was fatally stabbed in a frenzied attack by the defendant, and the trial judge found that there were no mitigating factors, and the defendant displayed no remorse or contrition. The defendant was sentenced to a term of imprisonment with a non-parole period of 18 years.

The legal issues before the court were whether the sentence imposed was manifestly inadequate, and if the trial judge erred in failing to give proper weight to the absence of mitigating factors and the defendant's lack of remorse. The court noted that the defendant had a history of domestic violence and had perpetrated a frenzied attack on the deceased, causing her death. The court also considered the absence of mitigating factors and the lack of remorse or contrition displayed by the defendant. The court found that the trial judge had not erred in sentencing the defendant, and the sentence imposed was not manifestly inadequate.

The court held that the trial judge had considered all relevant factors in arriving at the sentence, including the absence of mitigating factors and the lack of remorse or contrition displayed by the defendant. The court found that the sentence imposed was appropriate in the circumstances and reflected the objective seriousness of the offence. The court rejected the argument that the trial judge had failed to give proper weight to the absence of mitigating factors and the defendant's lack of remorse. The court held that the sentence imposed was not manifestly inadequate and affirmed the conviction and sentence of the defendant.

No orders were made by the court. The conviction and sentence of the defendant were affirmed.

Orders