Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Evans (No 3) [2017] NSWSC 1523 Hearing dates: 30 June & 12 October 2017 Decision date: 10 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 48 years with a non-parole period of 36 years.
Catchwords: CRIME – sentence – murder – victim attacked whilst bound and defenceless – weapon used to inflict severe blunt head injury – intended to kill – not within extreme category requiring life sentence, but very close
CRIME – sentence – other offences – rural homes targeted at night when occupants most vulnerable – offender armed with weapon – one break enter and steal in circumstances of special aggravation close to the top of the range of objective seriousness and one well above the mid-range – former causing a fractured skull and bruising to the brain – three detain without consent to obtain advantage whilst in company (one also occasioning actual bodily harm) well above the mid-range
CRIME – sentence – offender’s personal circumstances – link between Attention Deficit Hyperactivity Disorder and subsequent drug addiction – moral culpability reduced for breaking and entering to steal, but not for violence – no remorse – no mitigating factors in s 21A(3) Crimes (Sentencing Procedure) Act 1999 present – no special circumstances – aggregate sentence imposedLegislation Cited: Crimes Act 1900 (NSW) ss 18, 19A, 86, 112
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 61Cases Cited: R v Sinclair [2017] NSWSC 686 Category: Sentence Parties: Regina
Ryan David EvansRepresentation: Counsel:
Solicitors:
Mr C Maxwell QC (Crown)
Mr R Webb (Offender)
Solicitor for Public Prosecutions
Criminal Defence Group
File Number(s): 2014/309094
Judgment
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HIS HONOUR: Ryan David Evans ("the offender") appears today for sentence in respect of a number of extremely serious offences after he was found guilty by a jury on 30 May 2017.
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Each offence is contrary to provisions of the Crimes Act 1900 (NSW). The details are as follows:
Count
Offence
Provision
At Badgerys Creek on 30 May 2014
1
Murder of Keith Cini
s 18(1)(a); s 19A
Maximum: Life
SNPP 20 years
3
Break, enter and steal in circumstances of special aggravation, namely being in company and intentionally wounding Luciana Boldi
s 112(3)
Maximum: 25 years
SNPP 7 years
At Medway on 28 April 2014
4
Break, enter and steal in circumstances of special aggravation, namely being in company and intentionally inflicting grievous bodily harm on Brett Delamont
s 112(3)
Maximum: 25 years
SNPP 7 years
5
Detain Alana Bush without her consent with intent to obtain an advantage, namely a financial advantage, while in company
s 86(2)(a)
Maximum: 20 years
6
Detain Kirby Delamont without her consent with intent to obtain an advantage, namely a financial advantage, while in company
s 86(2)(a)
Maximum: 20 years
7
Detain Jack Lisle without his consent with intent to obtain an advantage, namely a financial advantage, while in company and occasioning actual bodily harm
s 86(3)
Maximum: 25 years
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Count…
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- AGLC
- R v Evans (No 3) [2017] NSWSC 1523
- Case
- [2017] NSWSC 1523
- Decision Date
CaseChat Overview and Summary
The court examined the murder offence and found that, while it was not within the extreme category requiring a life sentence, it was very close. The court then turned to the other offences, assessing their objective seriousness. The break and enter to steal offences were considered to be close to the top of the range for objective seriousness, particularly given the severity of the injuries inflicted on the victim. The detain without consent offences were deemed to be well above the mid-range due to their nature and the appellant's use of a weapon. The court also considered the appellant's personal circumstances, noting a link between his Attention Deficit Hyperactivity Disorder and subsequent drug addiction. However, the court found that this did not reduce his moral culpability for the violent offences, and there were no mitigating factors present under section 21A(3) of the Crimes (Sentencing Procedure) Act 1999.
The court ultimately determined that the aggregate sentence imposed was appropriate, taking into account the nature and circumstances of the offences, as well as the appellant's personal circumstances. The court found that the appellant had not shown remorse for his actions and that there were no special circumstances that warranted a departure from the general principles of sentencing. The final orders of the court were not specified in the text provided, but it can be inferred that the appellant was sentenced to a term of imprisonment for his convictions.
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