CITATION: R v Day [2010] NSWSC 983 HEARING DATE(S): 13/08/2010
JUDGMENT DATE :
1 September 2010JUDGMENT OF: Buddin J DECISION: For the murder of Deirdre Joy Burton the offender is sentenced to a non-parole period of 14 years and 6 months imprisonment to commence on 30 May 2009 and to expire on 29 November 2023 with a total sentence of 19 years and 4 months imprisonment to expire on 29 September 2028. The offender will be eligible for release on parole on 29 November 2023 CATCHWORDS: CRIMINAL LAW - sentencing - murder - strangulation of former de facto partner - plea of guilty LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CATEGORY: Sentence CASES CITED: MAH v R [2006] NSWCCA 226
R v AJP (2004) 150 A Crim R 575
R v Christov (No2) [2006] NSWSC 1179
R v FD & JD (2006) 160 A Crim R 392
R v Joyce [2007] NSWSC 218
R v McEvoy [2010] NSWCCA 110
R v McNaughton (2006) 60 NSWLR 566
R v MLP (2006) 164 A Crim R 93
R v Previtera (1997) 94 A Crim R 76
R v Simpson (2001) 53 NSWLR 704
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Valiukas [2009] NSWSC 808
R v Way (2004) 60 NSWLR 168
Versluys v R [2008] NSWCCA 76PARTIES: Regina
Barry William DayFILE NUMBER(S): SC 2009/39880 COUNSEL: A McCarthy (Crown)
P Winch (Offender)SOLICITORS: S Kavanagh (Solicitor for Director of Public Prosecutions)
Legal Aid Commission of New South Wales
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONBUDDIN J
WEDNESDAY 1 SEPTEMBER 2010
REMARKS ON SENTENCE2009/39880 – REGINA v BARRY WILLIAM DAY
1 HIS HONOUR: Barry William Day (the offender) stands for sentence having pleaded guilty to an indictment which charged him with the murder of Deirdre Joy Burton at Mount Druitt on 2 May 2009. It is pertinent to observe that the offender had previously pleaded guilty in the Local Court and had then adhered to that plea when he first appeared in this Court. The maximum penalty for the offence is life imprisonment and a standard non-parole period of 20 years imprisonment is applicable to it.
2 There is no dispute about the factual background to the offence which is set out in an Agreed Statement of Facts. In addition to that material, I was also provided with the autopsy report which was prepared by Dr Johan Duflou, as well as two lengthy ERISP interviews which were conducted with the offender on 28 May 2009 and 2 June 2009 respectively.
3 The offender and the deceased had been in a de facto relationship for a number of years. They had first met when the offender had been in a relationship with another woman named Cheryl, who as I understand the situation, was the deceased's best friend at the time. In due course, the offender and the deceased became involved in an intimate relationship. As a result, a daughter whom I shall…
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- AGLC
- R v Day [2010] NSWSC 983
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- [2010] NSWSC 983
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CaseChat Overview and Summary
The court considered the severity of the offence, the respondent's lack of prior criminal history, and the remorse expressed by the respondent during the sentencing hearing. The court also took into account the impact of the crime on the victim's family and the broader community. In assessing the mitigating factors, the court found that the respondent's guilty plea and expressions of remorse were significant, but did not entirely negate the heinous nature of the crime. The court determined that the appropriate sentence would reflect the seriousness of the offence, while also considering the mitigating factors presented. Ultimately, the court found that the respondent should be sentenced to a term of imprisonment with a non-parole period, recognising both the gravity of the crime and the mitigating factors.
The Supreme Court of New South Wales sentenced the respondent to a term of imprisonment, with a non-parole period of 15 years. The court emphasised the need for the sentence to reflect the gravity of the offence, while also taking into account the mitigating factors presented. The court acknowledged the respondent's remorse and the impact of the crime on the victim's family and the broader community. The final orders of the court included the imposition of a sentence for the respondent, with specific details regarding the term of imprisonment and the non-parole period. The court's decision aimed to balance the need for punishment and deterrence with the recognition of the mitigating factors presented in the case.
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
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Ratio Decidendi
Legal Principle Established
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