| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1515 of 2001
| THE QUEEN |
| v |
| RAYMOND JOHN HOOD |
---
JUDGE: | COLDREY J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 25 MARCH 2002 | |
DATE OF SENTENCE: | 12 APRIL 2002 | |
CASE MAY BE CITED AS: | R. v. RAYMOND JOHN HOOD | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 123 | |
---
CATCHWORDS: Sentence – Aid or abet suicide (s.6B(2) Crimes Act 1958) – Legal rationale for offence found in importance of human life and protection of vulnerable individuals – Elements of denunciation and general deterrence relevant – Varying degrees of moral culpability recognised – Publicly expressed determination of deceased to commit suicide – Pressure exerted on offender to ensure death occurred – Offender provided assistance by purchase of medication and encouragement by presence – Offender of unblemished character – Sentenced to 18 months' imprisonment wholly suspended.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | W. Morgan-Payler Q.C. | Solicitor for Public Prosecutions |
| For the Accused | J. Sutherland | Victoria Legal Aid |
HIS HONOUR:
Raymond John Hood, you have pleaded guilty to aiding or abetting Daryl John Colley to commit suicide on 21 April 2001. I must now sentence you. In order to do so, it is necessary to describe the circumstances surrounding Daryl Colley's death.
In April 2001, Daryl Colley was just under 31 years of age. Although he had previously been a partner in a heterosexual marriage, he had subsequently adopted a homosexual lifestyle. He performed with some success as a female impersonator or, as his friends described it, as a "drag queen", miming songs and dancing in gay clubs and bars. On those occasions he would use the name "Rosie" and exhibit a distinctly female personality. Among the comments made about the deceased by his friends was that he was "a drama queen" and a person constantly wishing to be the centre of attention.
In the year 2000, you terminated an eight year relationship with a Ms Narelle Cannaway. Later that year you were introduced to Mr Colley by your mother, who had become friendly with him after witnessing his performance as "Rosie" at a Christmas work party.
At this time both you and Daryl Colley had experienced several disastrous personal relationships, yours being heterosexual and his homosexual. A friendship developed between you almost immediately. You described Mr Colley to your counsel, Ms Sutherland, as gentle, loving and caring; a person who made you feel good about yourself and, you believed, a friend for life.
The relationship became a sexual one and on 9 September 2000 you set up house together at 61 Isla Avenue, Glenroy.
Your relatives and friends, who had always regarded you as heterosexual, were very surprised at this turn events but, it seems, were accepting of it.
About a month after you had commenced to cohabit, you learnt that Daryl Colley was HIV positive but that did not diminish your feelings for him. Your relationship was a monogamous one in which you were mutually supportive partners, doing everything together.…
Continue reading R v Hood
Sign in free to access the full text
- AGLC
- R v Hood [2002] VSC 123
- Case
- [2002] VSC 123
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to address included the appropriate legal rationale for the offence of aiding or abetting suicide, the relevance of the elements of denunciation and general deterrence, and the recognition of varying degrees of moral culpability. Additionally, the court needed to consider the circumstances surrounding the suicide, including the deceased's determination, the pressure exerted on Hood, and Hood's character. The court was tasked with determining the appropriate sentence for Hood, taking into account both the gravity of the offence and the mitigating factors present in the case.
In reaching its decision, the court emphasised the importance of human life and the protection of vulnerable individuals. It acknowledged the relevance of denunciation and general deterrence as elements in sentencing for aiding or abetment of suicide. The court recognised that while there are varying degrees of moral culpability, the circumstances of this case warranted a sentence that reflected both the seriousness of the offence and the mitigating factors. Given that Hood was of unblemished character and had not directly caused the suicide but rather provided assistance, the court opted for a sentence that was both punitive and rehabilitative. Hood was sentenced to 18 months' imprisonment, wholly suspended, reflecting the court's consideration of the mitigating factors and the need for a balanced approach to justice.
The final orders of the court were that Hood was to be sentenced to 18 months' imprisonment, wholly suspended, with no conviction recorded. This decision highlights the court's careful consideration of both the legal framework and the individual circumstances of the case, aiming to achieve a just outcome that aligns with the principles of denunciation, deterrence, and rehabilitation.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.