Supreme Court
New South Wales
Medium Neutral Citation: R v Harwood [2019] NSWSC 1695 Hearing dates: 15 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Walton J Decision: Sentenced for murder to imprisonment for 16 years and 6 months with a non-parole period of 12 years.
Catchwords: CRIMINAL LAW – guilty plea – sentence – murder – victim impact statement – objective features – objective seriousness – intention to kill – no premeditation and planning – high level violence – aggravation by weapon and victim’s home – mitigation – no criminal record – subjective features – no history of violence – protection of community – remorse – moral culpability and mental disorder – prospects of rehabilitation – general deterrence – maximum penalty – standard non-parole period – special circumstances – orders Legislation Cited: Crimes Act 1900 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Apps v R [2006] NSWCCA 290
BM v R [2019] NSWCCA 223
BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159
BR v R [2010] NSWCCA 159
Charbaji v R [2019] NSWCCA 28
GG v R [2018] NSWCCA 280
Johnson v R [2016] NSWCCA 286
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
McDowall v R [2019] NSWCCA 29
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Dodd (1991) 57 A Crim R 349
R v Geddes (1936) 36 SR (NSW) 554
R v Halloun [2014] NSWSC 1705
R v Hearne (2001) 124 A Crim R [2001] NSWCCA 37
R v Lawrence [2005] NSWCCA 91
R v Loveridge (2014) 243 A Crim R 31; [2014] NSWCCA 120
R v Scott [2005] NSWCCA
R v Wright (1997) 93 A Crim R 48
Sumpton v R [2016] NSWCCA 162
SW v R [2013] NSWCCA 103
Tepania v R [2018] NSWCCA 247
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48Category: Sentence Parties: Regina (Crown)
Ethan Corey Harwood (Offender)Representation: Counsel:
Solicitors:
L Lungo (Crown)
A Evers (Offender)
Office of the Director of Public Prosecutions (Crown)
Legal Aid NSW (Offender)
File Number(s): 2017/370100
REMARKS ON SENTENCE
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HIS HONOUR: On 12 October 2018, Ethan Corey Harwood (“the offender”) entered a plea of guilty to a charge in the Penrith Local Court that he, on 2 December 2017, at South Penrith in the State of New South Wales, murdered Pauline Farrugia (“the deceased”).
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There was a Statement of Agreed Facts before the Court. At the outset of those agreed facts, the circumstances of the offence were briefly described.
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Sometime after 6pm on Saturday, 2 December 2017, the deceased was stabbed to death at her home on Chesterfield Road, South Penrith. She was killed by her grandson, the offender.
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The offender was born on 7 November 1998 and had just turned 19 at the time of the offence. He was arrested on 7 December 2017 and charged…
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- AGLC
- R v Harwood [2019] NSWSC 1695
- Case
- [2019] NSWSC 1695
- Decision Date
CaseChat Overview and Summary
The court considered the objective features of the crime, including the intention to kill, the use of a weapon, and the location of the crime, which contributed to its severity. The absence of premeditation and planning was noted as a mitigating factor. The subjective features, such as the defendant's lack of a criminal record, no history of violence, and the presence of remorse, were also taken into account. The court assessed the defendant's moral culpability and mental state, along with the prospects of rehabilitation. General deterrence and the maximum penalty for the offence were also relevant considerations. After evaluating these factors, the court determined the appropriate sentence and the standard non-parole period, taking into account any special circumstances.
The court found that the crime warranted a severe penalty, reflecting its objective seriousness and the high level of violence involved. However, the mitigating factors, such as the defendant's lack of a criminal record, absence of a history of violence, and expression of remorse, were also given weight. The court concluded that the maximum penalty for murder was appropriate, but the standard non-parole period could be adjusted based on the special circumstances of the case. The final orders included a custodial sentence with a specified non-parole period, reflecting the court's comprehensive assessment of all relevant factors.
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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