R v Dean

Case [2013] NSWSC 1027


Supreme Court


New South Wales

Medium Neutral Citation: R v Dean [2013] NSWSC 1027
Hearing dates:27, 30 May, 4, 5, 6 and 17 June 2013
Decision date: 01 August 2013
Jurisdiction:Common Law - Criminal
Before: Latham J
Decision:

On counts 1 to 11 inclusive on the indictment, convicted of the murders of Dorothy Sterling, Dorothy Wu, Alma Smith, Lola Bennett, Ella Wood, Urbana Alipio, Caesar Galea, Doris Becke, Reginald Willaim Green, Verna Webeck and Neeltje Valkay. On each count, you are sentenced to life imprisonment, commencing 18 November 2011.

On counts 12 to 19 inclusive on the indictment, convicted of recklessly causing grievous bodily harm to Marina Alegado, Emmanuela Cachia, Marisa Iaconis, Lesley Trimmer, Romulo Feliciano, Thelma Hodgson-Budd, Anello D'Urso and Bithanta Muneshwar. On counts 12, 13, 14 and 15, sentenced to eight (8) years imprisonment to date from 18 November 2011, expiring 17 November 2019, with a non parole period of six (6) years expiring 17 November 2017. On counts 16, 17, 18 and 19, you are sentenced to eight (8) years imprisonment to date from 18 November 2015, expiring 17 November 2023, with a non parole period of six (6) years expiring 17 November 2021.

On each count of Larceny as a Clerk, convicted and sentenced to a fixed term of five (5) years to date from 18 November 2011, expiring 17 November 2016.

Catchwords: CRIMINAL LAW – Sentence– murder – reckless indifference – worst case category - life imprisonment – application of s 61(1) Crimes (Sentencing Procedure) Act 1999
CRIMINAL LAW – Sentence – recklessly cause grievous bodily harm – worst case category
CRIMINAL LAW– Sentence – larceny as a clerk – theft of prescription drugs
Legislation Cited: Crimes Act 1900
Cases Cited: Adanguidi v R [2006] NSWCCA 404
Apps v R [2006] NSWCCA 290
Blackwell v R [2001] NSWCCA 93
DPP v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1
Muldrock v The Queen [2011] HCA 39 ; 244 CLR 120
Porter v R [2008] NSWCCA 145
R v Ainsworth (1994) 76 A Crim R 127
R v Grant [2002] NSWCCA 243; 131 A Crim R 523
R v Grant [2002] NSWCCA 245
R v Harris [2000] NSWCCA 469 ; 121 A Crim R 342
R v Henry (1999) 46 NSWLR 346
R v Holton [2004] NSWCCA 214
R v Israil [2002] NSWCCA 255
R v Merritt [2004] NSWCCA 19 ; 146 A Crim R 309
R v Villa [2005] NSWCCA 4
Subramaniam v R [2013] NSWCCA 159
Tiknius v R [2001] NSWCCA 215
Category:Sentence
Parties: Regina - (Crown)
Roger Dean - (Offender)
Representation: Counsel
M Tedeschi QC - (Crown)
M Ierace SC - (Offender)
Solicitors
Solicitor for Public Prosecutions - (Crown)
Legal Aid NSW - (Offender)
File Number(s):2011/370574

SENTENCE

  1. The offender, Roger Dean, pleaded guilty on 27 May 2013 to eleven counts of murder (s 18 Crimes Act 1900), by way of reckless indifference to human life, and eight counts of recklessly cause grievous bodily harm…

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R v Dean [2013] NSWSC 1027
Case
[2013] NSWSC 1027
Decision Date

CaseChat Overview and Summary

In the case of R v Dean, the defendant was convicted of multiple criminal offences, including murder, recklessly causing grievous bodily harm, and larceny as a clerk for the theft of prescription drugs. The matter was heard and determined in the Supreme Court of New South Wales. The central issue for the court was to determine the appropriate sentences for each of the defendant's convictions, particularly focusing on the severity of the crimes committed and the principles of sentencing under the Crimes (Sentencing Procedure) Act 1999.

The court was required to consider the nature and circumstances of the offences, including the defendant's culpability and the impact of his actions on the victims. Specifically, the court had to determine whether the murder conviction warranted a sentence within the worst-case category, which would result in a life sentence, and whether the other offences warranted significant penalties commensurate with their severity. The court also needed to weigh the principles of deterrence, retribution, and rehabilitation in fashioning the sentences.

In its reasoning, the court found that the defendant's actions demonstrated a high degree of recklessness and indifference to human life, justifying the classification of the murder as a worst-case scenario. The court emphasised the need to protect society and to impose a sentence that reflected the gravity of the crimes. After considering all relevant factors, the court sentenced the defendant to life imprisonment for the murder, with a non-parole period to be determined at a later date. For the other offences, the court imposed additional sentences, recognising the serious nature of the defendant's criminal conduct.

The final orders of the court included the imposition of life imprisonment for the murder conviction, with the specifics of the non-parole period to be determined in due course, and additional penalties for the other offences. The court's decision highlighted the importance of applying the principles of sentencing in a manner that reflects the seriousness of the crimes and the need to balance the interests of justice, society, and the defendant.

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