Supreme Court
New South Wales
Medium Neutral Citation: R v DANNEVIG, Christopher James [2012] NSWSC 1013 Hearing dates: 3 August 2012 Decision date: 31 August 2012 Jurisdiction: Common Law - Criminal Before: Hall J Decision: A term of imprisonment with a non-parole period of 21 years, which is to commence on 8 August 2011 and is to expire on 7 August 2032.
A balance of term of 7 years is to commence on 6 August 2032 and is to expire on 5 August 2039.
The earliest date of eligibility for release to parole is 7 August 2032.
Catchwords: CRIME - Sentencing for offence or murder - plea of guilty - young offender principles - objective seriousness of offence - victim befriended on-line pursuant to a ruse - issue of whether offence pre-planned - vulnerable victim murdered in remote area - aggravating and mitigating factors - offender had mild intellectual disability - offender demonstrated somewhat sophisticated capacity to employ strategy to groom victim - prior conviction for violent offence, on conditional liberty at time of offence - longer non-parole period than standard non-parole period imposed. Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Director of Public Prosecutions (DPP) (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
Fardon v Attorney General for the State of Queensland [2004] HCA 46; (2004) 223 CLR 575
Muldrock v R [2011] HCA 39; (2011) 244 CLR 120
R v AEM & Ors [2002] NSWCCA 58
R v Gordon (1994) 71 A Crim R 459
R v Harrison (1997) 93 A Crim R 314
R v Hill (1981) 3 A Crim R 397
R v Kilmore (NSWCCA, 13 August 1998, unreported)
R v Low (1991) 57 A Crim R 8
R v MacDonald (NSWCCA, 12 December 1995, unreported)
R v Previteria (1997) 94 A Crim R 76
R v Skura [2004] VSCA 53
R v SLD [2003] NSWCCA 310; (2003) 58 NSWLR 589
Veen (No 2) [1988] HCA 14; (1988) 164 CLR 465
Wilson v The Queen [1992] HCA 31; (1992) 174 CLR 313Category: Sentence Parties: Regina (Crown)
Christopher James Dannevig (offender)Representation: Mr C Maxwell QC (for the Crown)
Mr P Young SC and Ms N Mikhaiel (for the offender)
Director of Public Prosecutions (for the Crown)
Legal Aid Commission of NSW (for the offender)
File Number(s): 2010/120727
Judgment
Christopher James Dannevig pleads guilty to the murder of Nona Belomesoff on 12 May 2010. The maximum sentence for the crime of murder is imprisonment for life. A standard non-parole period has been prescribed of 20 years imprisonment. These two legislative guideposts are to be borne in mind when the Court comes to a consideration of the appropriate penalty, having regard to the objective circumstances of the offence and the subjective features of the offender: Muldrock v R [2011] HCA 39; (2011) 244 CLR 120. The standard non-parole period does not have determinative significance in sentencing the offender: Muldrock at…
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- AGLC
- R v Dannevig, Christopher James [2012] NSWSC 1013
- Case
- [2012] NSWSC 1013
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the extent to which the offence was pre-planned and the degree of sophistication demonstrated by the offender. Given the young age of the defendant and his mild intellectual disability, the court needed to weigh these factors against the gravity of the crime, which involved a vulnerable victim being murdered in a remote area. The court also had to consider the defendant's prior conviction for a violent offence and the fact that he was on conditional liberty at the time of the offence.
The court found that while the offender had a mild intellectual disability, he demonstrated a sophisticated capacity to employ a strategy to groom the victim. The pre-meditation and the objective seriousness of the offence warranted a longer non-parole period than the standard. Ultimately, the court imposed a sentence that reflected both the aggravating and mitigating factors, resulting in a non-parole period longer than the standard. The final orders of the court included the sentencing of Christopher James Dannevig to a term of imprisonment with a specified non-parole period.
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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Ratio Decidendi
Legal Principle Established
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