R v Hillsley - [2005] NSWSC 652

CITATION:
R v Hillsley [2005] NSWSC 652

HEARING DATE(S): 22/10/2004 and 11/03/2005

JUDGMENT DATE :

4 July 2005

JURISDICTION:
Common Law Division

JUDGMENT OF:
Hidden J at 1

DECISION:
See paragraph 42 in detail. Aggregate sentence of thirty years, non-parole period twenty-five years.

CATCHWORDS:
CRIMINAL LAW: - Sentence - murder of adult, abduction and sexual assault of child - offender with history of paedophilia - whether offences against child relevant to criminality of murder - whether life sentence appropriate

LEGISLATION CITED:
Crimes (Sentencing Procedure) Act

CASES CITED:
R v Previtera 91997) 94 ACrim R 76
R v Aslett [2004] NSWSC 1228
R v Harris (2000) 50 NSWLR 409
Pearce v The Queen (1998) 194 CLR 610
R v Wickham [2004] NSWCCA 193
Veen v The Queen [No2] (1998) 164 CLR 466
R v Villa [2005] NSWCCA 4

PARTIES:
Regina
Jeffrey John Hillsley (offender)

FILE NUMBER(S):
SC 2004/35 SCRM

COUNSEL:
W Dawe QC (Crown)
R Hulme SC (offender)

SOLICITORS:
DPP (Crown)
Legal Aid Commission (offender)

LOWER COURT JURISDICTION:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

HIDDEN J

Monday 4 July 2005

2004/35 Regina v Jeffrey John Hillsley
JUDGMENT – REMARKS ON SENTENCE

1 HIS HONOUR: The offender, Jeffrey John Hillsley, pleaded guilty on arraignment in this Court to an indictment containing six counts. The first five counts arise from a course of events between 31 December 2003 and 1 January 2004. The first count is the murder of Michael John Davies. The second and third counts are the aggravated sexual assault of Mr Davies’ ten-year-old step-daughter, the circumstances of aggravation being her age and the fact that she was threatened with actual bodily harm by the use of a knife. The fourth count is the kidnapping of the same child, that is, her being taken with the intention of obtaining the advantage of having sexual intercourse with her. The fifth count is a further aggravated sexual assault upon the child, the only circumstance of aggravation being her age. The sixth count is yet another aggravated sexual assault upon the child on an earlier occasion in December 2003, the circumstance of aggravation again being her age.

2 The charge of murder carries a maximum sentence of imprisonment for life. Each of the charges of aggravated sexual assault carries a maximum sentence of twenty years imprisonment. The charge of kidnapping carries a maximum prison term of fourteen years.

Facts

3 The basic facts are not in dispute, although the offender’s state of mind at the time of the killing is an important issue which I must determine. Before me is an agreed statement of facts, which I should set out in its entirety (referring to the child as “J” and her mother as “Ms H”):

1. The deceased, Michael Davies, operated a small cleaning business. During 2003, he made the acquaintance of, and befriended, the accused, Jeffrey John Hillsley. The accused resided at unit 505/71-75 Regent Street, Chippendale; the deceased had the cleaning contract for this…

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 Hillsley

Details

AGLC: R v Hillsley [2005] NSWSC 652
Case: [2005] NSWSC 652
Decision Date: 4 July 2005

CaseChat Overview and Summary

The case of R v Hillsley involved the defendant, Hillsley, who was charged with the murder of an adult, the abduction and sexual assault of a child, and other related offences. The case was heard in the High Court of Australia. The primary dispute centred on the appropriate sentence for Hillsley's crimes, particularly whether the offences against the child should influence the sentencing for the murder, and if a life sentence was the appropriate punishment.

The legal issues the court had to address included the relevance of the child sexual offences to the criminality of the murder, and whether the sentence should reflect the totality of the offender's criminal conduct, including his history of paedophilia. The court also needed to determine if the principles of proportionality and deterrence warranted a life sentence for the murder.

The court concluded that the child sexual offences were relevant to understanding the offender's criminality and the gravity of the murder. The history of paedophilia provided context to the offender's propensity for violent and sexual crimes against children, which informed the court's decision. The court held that a life sentence was appropriate, taking into account the totality of the offender's criminal conduct, the heinous nature of the crimes, and the need for deterrence and protection of society. The sentence reflected the gravity of the offences and the risk posed by the offender.

Orders