R v Duffy (No. 7) - [2015] NSWSC 1321

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Duffy (No. 7) [2015] NSWSC 1321
Hearing dates: 21 August 2015
Date of orders: 18 September 2015
Decision date: 18 September 2015
Jurisdiction: Common Law - Criminal
Before: Davies J
Decision:
For the offence of steal in a dwelling-house the offender is sentenced to a fixed term of imprisonment of 2 years commencing 1 June 2012 and expiring 31 May 2014.
For the manslaughter of Colleen Deborah Ayers the offender is sentenced to a non-parole period of 8 years commencing 1 March 2013 and expiring 28 February 2021 with an additional term of 4 years expiring 28 February 2025.
Catchwords: CRIMINAL LAW – manslaughter – steal in a dwelling-house – offender and co-offender charged with murder – guilty plea by co-offender – verdict of manslaughter for offender after trial – assist with unlawful and dangerous act – victim met co-offender at hotel – victim invited offender, co-offender and others to her parents’ place – all parties affected by drug and alcohol consumption – victim killed after sexual involvement with offender – victim buried in shallow grave at property – guns and other property stolen from property after killing of victim – offender with no psychiatric or psychological issues except drug and alcohol abuse – lack of remorse – poor prospects of rehabilitation – continued illicit drug use in custody – parity with other offenders
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Pawnbrokers and Second Hand Dealers Act 1996 (NSW)
Cases Cited: R v De Simoni (1981) 147 CLR 383
R v Evans [2015] NSWSC 254
Category: Principal judgment
Parties: Crown
Micheal John Duffy (Defendant)
Representation:
Counsel:
E Wilkins SC (Crown)
J Trevallion (Defendant)
Solicitors:
Solicitor for Public Prosecutions (Crown)
McGowan Lawyers (Defendant)

File Number(s): 2012/175139

REMARKS ON SENTENCE

On 1 June 2012 the offender was arrested and charged with the murder of Colleen Deborah Ayers on 9 May 2012. He was also charged with breaking and entering the dwelling house of Judith and Bryon Green and committing a serious indictable offence therein, namely larceny, in circumstances of aggravation being in company with Rachael Evans and Scott Derbridge. Rachael Evans was charged with the same offences.
Rachel Evans pleaded guilty on 19 May 2014 to the charge of murder. At the sentence hearing in relation to that plea the Crown presented a further indictment that on 9 May 2012 in the dwelling house of Judith and Bryon Green, Rachael Evans did steal certain property being an X Box console, games, mobile phones, jewellery, a 12 gauge shotgun and a double barrel shotgun, the property of Judith and Bryon Green. Rachael Evans pleaded guilty to that offence. The offence of breaking and entering the dwelling house was not proceeded with. A further offence of furnishing false information to a licensee, in relation to pawning some of the stolen items, contrary to the Pawnbrokers and Second Hand Dealers Act 1996 (NSW) was taken into account on a form 1 attached…

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 Duffy (No. 7)

Details

AGLC: R v Duffy (No. 7) [2015] NSWSC 1321
Case: [2015] NSWSC 1321
Decision Date: 18 September 2015

CaseChat Overview and Summary

The case of R v Duffy (No. 7) involved the defendant, Duffy, who was charged alongside a co-offender for the murder of a victim during a burglary. The co-offender pleaded guilty to murder, while Duffy was found guilty of manslaughter following a trial. The case was heard in a court of criminal jurisdiction in Australia. The dispute centred around the degree of culpability of Duffy in the death of the victim, as well as the appropriate sentence to be imposed.

The legal issues that the court had to resolve included determining the level of participation and intent of Duffy in the events leading to the victim's death, as well as assessing the appropriate sentence considering the mitigating and aggravating factors present in the case. The court needed to consider the role of Duffy in the burglary, the circumstances of the victim's death, and the extent of any mitigating factors, such as drug and alcohol abuse, that may have affected Duffy's culpability.

The court found that Duffy had assisted in the unlawful and dangerous act of the burglary, which resulted in the victim's death. The court noted that Duffy had no significant psychiatric or psychological issues apart from drug and alcohol abuse, and that he showed a lack of remorse for his actions. The court also considered the poor prospects of rehabilitation for Duffy due to his continued illicit drug use in custody. In determining the sentence, the court took into account the need for parity with other offenders who had committed similar crimes. The court ultimately imposed a sentence that reflected the seriousness of the offence and the mitigating and aggravating factors present in the case.

The court ordered that Duffy be sentenced to a term of imprisonment, with specific details regarding the length of the sentence and any parole eligibility not provided in the text.

Orders