Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Gittany (No 5) [2014] NSWSC 49 Hearing dates: 5, 6 February 2014 Decision date: 11 February 2014 Before: McCallum J Decision: Offender sentenced to a term of imprisonment for twenty-six years with a non-parole period of eighteen years and a balance of term of eight years
Catchwords: CRIME - sentence - murder - intention to kill formed quickly and in a state of rage - no planning or premeditation - no remorse - impossibility of assessing likelihood of re-offending or prospects of rehabilitation in light of offender's refusal to accept responsibility for his offending - evidence of good character - whether of any weight where referees blind to or ignorant of any wrongdoing by offender - whether high level of media attention a relevant mitigating factor Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Evidence Act 1995Cases Cited: JCW [2000] NSWCCA 209; (2000) 112 A Crim R 466
Kenny v R [2010] NSWCCA 6
Melbourne v R [1999] HCA 32; (1999) 198 CLR 1
Muldrock v R [2011] HCA 3; 244 CLR 120
R v Abrahams [2013] NSWSC 952
R v Daetz; R v Wilson [2003] NSWCCA 216; (2003) A Crim R 398
R v Gittany NSWCCA 2 August 1995, unreported
R v Gittany (No 2) [2013] NSWSC 1599
R v Gittany (No 4) [2013] NSWSC 1737
R v Isaacs (1997) 41 NSWLR 374
R v Olbrich (1998) 45 NSWLR 538
R v Toki [2003] NSWCCA 125
Ryan v R (2001) 206 CLR 267
Veen v R (No 2) (1988) 164 CLR 465Category: Sentence Parties: Regina (Crown)
Simon Gittany (offender)Representation: Counsel:
M Tedeschi QC (Crown)
P Strickland SC (offender)
Solicitors:
Director of Public Prosecutions (Crown)
Bannisters Lawyers (offender)
File Number(s): 2011/250258 Publication restriction: Non-publication order made during proceedings on sentence in respect of certain evidence and submissions
Judgment
HER HONOUR: On 27 November 2013, Simon Gittany was found guilty of the murder of Lisa Cecilia Harnum after a trial by judge alone: R v Gittany (No 4) [2013] NSWSC 1737. He now stands to be sentenced for that offence.
The maximum penalty for the offence of murder is imprisonment for life: s 19A(1) of the Crimes Act 1900. A person sentenced to imprisonment for life under that section must serve the sentence for the term of the person's natural life: s 19A(2) of the Act. A life sentence is the sentencing option reserved for the worst class of case (and see s 61 of the Crimes (Sentencing Procedure) Act 1999). The Crown did not suggest that should be the sentence imposed in the present case. I consider that a sentence for the term of Mr Gittany's natural life would be excessive in all the circumstances.
The offence of murder carries a standard non-parole period of 20 years: s 54A of the Crimes (Sentencing Procedure) Act. The non-parole period is the period during which a prisoner has no…
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- AGLC
- R v Gittany (No 5) [2014] NSWSC 49
- Case
- [2014] NSWSC 49
- Decision Date
CaseChat Overview and Summary
The court held that the killings were not premeditated or planned, but occurred in a state of rage. The accused had shown no remorse and had refused to accept responsibility for his actions, making it difficult to assess the likelihood of re-offending or the prospects of rehabilitation. The court also considered the evidence of good character provided by the accused, noting that the referees were unaware of his wrongdoing. While the court acknowledged the high level of media attention as a mitigating factor, it found that it did not significantly impact the circumstances of the offence or the accused's attitude towards his actions. Ultimately, the court determined that the sentence imposed by the trial judge was appropriate, taking into account the seriousness of the crime and the accused's lack of remorse.
The High Court dismissed the appeal and upheld the sentence imposed by the trial judge. The court found that the sentence was proportionate to the gravity of the crime, and that the mitigating factors, while acknowledged, did not warrant a reduction in the severity of the sentence. The court emphasised the importance of considering the unique circumstances of each case when determining an appropriate sentence, and highlighted the need for offenders to accept responsibility for their actions in order to facilitate rehabilitation and reduce the risk of re-offending. The final orders of the court confirmed the conviction and sentence imposed by the trial judge, with no changes made to the punishment or the length of the sentence.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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