R v Graham

[2001] VSC 201

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1496 of 2000

THE QUEEN

v

COLIN EARL GRAHAM

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JUDGE:	Teague J
WHERE HELD:	Melbourne
DATE OF HEARING:	14-21 May, 1-18 June 2001
DATE OF SENTENCE:	18 June 2001
CASE MAY BE CITED AS:	R v Colin Earl Graham
MEDIUM NEUTRAL CITATION:	[2001] VSC 201

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Murder – Premeditated stabbing – Heart condition.

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Mr. Silbert	Office of Public Prosecutions
For the Accused	Mr. Brustman	Victorian Legal Aid

HIS HONOUR:

1. Colin Graham, you have been found guilty by a jury of the murder of Hilary Stevens on 1 October 1999.

1. You met the deceased early in 1999.  You were then 43 and she was 21.  A close relationship developed.  By September 1999 the interest of the deceased in you was waning.  On 30 September you went out to dinner with the deceased.  You then went on to play on the poker machines at a local hotel.  You drove her home in your car.  In the driver's side pocket of that car you were accustomed to carrying a large knife.  You parked your car opposite the house where she lived.  You walked with her towards the house.  You then had with you a knife.  You went at the deceased with the knife.  Only you could explain what precipitated you doing so and you have chosen not to give an explanation that accords with evidence from other sources on which I base my conclusions.

1. When you attacked Hilary Stevens with your knife she used her arms to try to ward off your blows.  Several times you struck her with the knife on her arms and hands as she tried to protect herself.  You then plunged the knife four times into her back.  You ran to your car and drove quickly away from the scene.  You took the murder weapon with you.  You drove a few kilometres to your office; you then drove home.  The police spoke to you.  You told them a story that was a mixture of truth and lies.  You also passed on false information to them.  Your plan was to deflect their investigations away from you.  Over four months later the police interviewed you again.  You told them then a different story.  It, too, was a mixture of truth and lies.

1. As appears from what I have said, I am not prepared to accept that you acted on the spur of the moment.  It is not clear why you chose to act as you did.  What is very clear is that this was a very serious case of a very serious crime.  Just how serious is the more difficult to gauge because you are not a credible person.  At times you merely twist the truth; at other times you are a brazen liar.  In those circumstances it is impossible to be satisfied where the truth lies.  I infer that the jury felt similarly save as to the essentials.  Their verdict was returned in what was these days an extremely short time; that was scarcely surprising given the number and character of the stab wounds and your lack of credibility.

1. I have read with attention to detail the statements from each of Hilary Stevens' mother, father, sister, brother and brother-in-law, and the accompanying psychological reports.  It is apparent that the death of Hilary Stevens has had an enormous impact on members of her family.  It is an important part of the sentencing process that details of this kind should be before the sentencing judge.  Otherwise, it may be felt that only one side of the picture is presented.  I have had to steel myself to read the statements, to analyse them, and to reflect upon them and I must avoid any ultimate imbalance in the sentencing process because of the tragedies they reveal.

1. I turn to your personal circumstances.  You were born on 11 May 1955.  You were the oldest of six children.  You have five younger sisters.  You have remained in contact with them.  Your mother is alive, but is not well.  She reared the six of you with help from her mother after your father left your mother when you were aged about seven.  You were educated to Form 3.  You have been employed at various jobs since completing your formal education.  The work included specialist, hospital, orderly and technical work for about 15 years.

1. You have shown a healthy interest in ten pin bowling as a player, coach and official.  You were married in 1980.  There were no children of the marriage.  There was a moving apart in the last few years, but you lived together until the time of your arrest.  The overall picture of your personal life is one of respectability.  There was only one obvious significant blemish until 1 October 1999 and that was that you chose in the year or so prior to that date, to at least dabble in the scene of nightclubs, recovery parties and illegal drugs.  You have no prior convictions.

1. Up to a point you chose to cooperate with the police in February 2000.  You have at times both exhibited signs of remorse and failed to exhibit such signs where I would have expected to see them if there was strong genuine remorse.  On balance I find that there is at times some remorse.

1. The material placed before me as to the programs you have undertaken and as to the cooperation you have shown in prison, is strongly suggestive of your having very good prospects of rehabilitation.  The report of the psychiatrist, Dr Walton, indicates that you have no major psychiatric problem.  He has also provided some information as to your heart condition.  That information is relevant to my avoiding imposing a crushing sentence.  It seems that your father died of a heart condition at the age of about 47.  In November last year at aged 45, you suffered a myocardial infarction.

1. I declare that you have spent 482 days in prison up to today, 18 June 2001.  I direct that that declaration be noted in the records of the court.  I sentence you to imprisonment for 18 years.  I fix a non parole period of 13 years.