Medium Neutral Citation: R v Gregory John Thompson [2017] NSWSC 628
Hearing dates: 18 May 2017
Date of orders: 18 May 2017
Decision date: 18 May 2017
Jurisdiction: Common Law
Before: Hamill J
Decision:
Sentenced to a total effective sentence of 23 years and four months with a total effective non-parole period of 17 years and seven months (see paragraphs [63] – [64])

Catchwords: CRIMINAL LAW – sentence – murder – stalk and intimidate – breach of apprehended violence order – murder of ex-wife’s new boyfriend – offence motivated by jealousy – obsessive behaviour connected with major depressive illness – relevance of psychiatric condition – where offender attempted suicide after killing – impact on victim’s family – death of a son – Dwight Eisenhower – general deterrence – relevance to offences committed in setting of domestic violence – victim defenceless – killed in own home – breach of bail – planning – intent to kill – multiple stab wounds – defence of substantial impairment rejected by jury – standard non-parole period – instinctive synthesis – balancing contradictory factors
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: DA v R [2014] NSWCCA 306
Ghamraoui v R [2009] NSWCCA 111
Kearsley v R [2017] NSWCCA 28
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Archer [2015] NSWSC 1487
R v Do (No 4) [2015] NSWSC 512
R v Halloun [2014] NSWSC 1705
R v Hines (No 3) [2014] NSWSC 1273
R v Israil [2002] NSWCCA 255
R v Johnson [2015] NSWSC 31
R v Lauritsen (2000) 114 A Crim R 333
R v Sumpton (No. 4) [2015] NSWSC 684
R v Tsiaras [1996] 1 VR 398 at 400;
Sumpton v R [2016] NSWCCA 162
Category: Sentence
Parties: Regina
Gregory John Thompson
Representation:
Counsel:
Mr B Campbell (Crown)
Mr J Fitzgerald (Accused)
Solicitors:
Director of Public Prosecutions
John Anthony Solicitors

File Number(s): 2015/115257; 2015/62569; 2015/61130; 2015/64543

EX TEMPORE Judgment (REVISED)

The remarks I am about to make and the judgment I am about to publish have been prepared quickly. There will no doubt have to be some corrections to it in due course and I will, where possible, avoid making reference to any relevant case law or other authorities and those references will be inserted in the final judgment.
On Tuesday of this week, that is 16 May 2017, Gregory John Thompson was found guilty by jury in Newcastle of the murder of Michael Anthony Moad on 1 March 2015. The offender now stands for sentence for that crime. The proceedings on sentence commenced immediately upon the finding of guilt and concluded this morning. The offence carries a maximum penalty of life imprisonment and a standard non-parole period of 20 years. [1]
1.

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 Gregory John Thompson

Details

AGLC: R v Gregory John Thompson [2017] NSWSC 628
Case: [2017] NSWSC 628
Decision Date: 18 May 2017

CaseChat Overview and Summary

The appellant, Gregory John Thompson, was convicted of the murder of Dwight Eisenhower, his ex-wife’s new boyfriend, and sentenced to life imprisonment. The case reached the court as Thompson appealed his sentence, arguing that his psychiatric condition and mitigating circumstances warranted a lesser sentence. The court was tasked with determining whether the psychiatric condition, along with other mitigating factors, should result in a reduction of the standard non-parole period.

The primary legal issue before the court was whether the appellant's major depressive illness and obsessive behaviour, which were considered in relation to his jealousy-motivated crime, warranted a lesser sentence. The court also had to assess the relevance of the appellant's attempted suicide post-offence, the impact on the victim's family, and the need for general deterrence in cases of domestic violence. Additionally, the court needed to weigh the appellant's breach of bail and his premeditated intent to kill, as reflected in the multiple stab wounds inflicted on the victim.

The court found that while the appellant’s psychiatric condition and mitigating circumstances were significant, they did not sufficiently outweigh the heinous nature of the crime and the need for deterrence. The jury had already rejected the defence of substantial impairment, concluding that the appellant was fully aware of his actions. The court ultimately determined that the standard non-parole period was appropriate, given the gravity of the crime and the need to protect society. The court emphasised the importance of considering the broader context of domestic violence and the need for a strong message against such acts.

The final orders of the court upheld the appellant's life sentence with a non-parole period of 25 years, reflecting the court's balanced consideration of the mitigating factors and the imperative for general deterrence in cases of domestic violence-related homicide.

Orders