R v Iskov - [2010] NSWSC 1074

CITATION: R v Iskov [2010] NSWSC 1074

HEARING DATE(S): 10/09/2010, 15/9/10

JUDGMENT DATE :
29 September 2010

JUDGMENT OF: Barr AJ at 1

DECISION: Clayton John Iskov, for the malicious infliction of grievous bodily harm upon Kylie Petrina Iskov with intent to do so I sentence you to imprisonment. I set a non-parole period of 6 years, which will be taken to have commenced on 24 April 2008 and which will expire on 23 April 2014. The balance of the term of the sentence will be two years and will expire on 23 April 2016.
For the aggravated taking and detaining of Kylie Petrina Iskov with intent to obtain an advantage I sentence you to imprisonment. I set a non-parole period of 7 years and 6 months, which will commence on 24 April 2011 and expire on 23 October 2018. The balance of the term of the sentence will be two years and six months and will expire on 23 April 2021.
For the manslaughter of Kylie Petrina Iskov I sentence you to imprisonment. I set a non-parole period of 7 years and 6 months, which will commence on 24 April 2014 and will expire on 23 October 2021. The balance of the term of the sentence will be 4 years and 6 months and will expire on 23 April 2026.
The first day on which you will become eligible for release to parole will be 23 October 2021.

CATEGORY: Sentence

PARTIES: Regina
Clayton John Iskov

FILE NUMBER(S): SC 2009/11046

COUNSEL: C McPherson/R Rankin - Crown
T Game/S Buchen - Offender

SOLICITORS: S Kavanagh - Crown
D Giddy - Offender

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

BARR AJ

MONDAY 20 SEPTEMBER 2010

2009/11046 REGINA v Clayton John ISKOV
REMARKS ON SENTENCE

A few days after the time that had been fixed for the trial of the offender, Clayton John Iskov, for the murder of his wife, Kylie Petrina Iskov, the offender pleaded guilty of offences that may be summarised thus -

1. On 6 August 2007 at Tweed Heads and elsewhere he took and detained Kylie Petrina Iskov without her consent and with intent to obtain an advantage, and at the time of the taking actual bodily harm was occasioned to her;

2. At the same time and place he maliciously inflicted grievous bodily harm upon Kylie Petrina Iskov with intent to do her grievous bodily harm; and

3. On 6 August 2007 near Mooball he unlawfully killed Kylie Petrina Iskov.

2 The indictment contained a further charge, namely that on 6 August 2007 near Mooball the offender murdered Kylie Petrina Iskov. To that charge the offender pleaded not guilty and the Crown accepted his pleas in discharge of the indictment.

3 The offence of maliciously inflicting grievous bodily harm with intent to inflict grievous bodily harm attracts a maximum sentence of imprisonment for 25 years and a standard non-parole period of 7 years. The aggravated form of detaining for advantage attracts a…

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 Iskov

Details

AGLC: R v Iskov [2010] NSWSC 1074
Case: [2010] NSWSC 1074
Decision Date: 29 September 2010

CaseChat Overview and Summary

Clayton John Iskov was convicted of the manslaughter, aggravated taking and detaining, and malicious infliction of grievous bodily harm with intent against his wife, Kylie Petrina Iskov. The Supreme Court of New South Wales was required to determine the appropriate sentences for these offences. The court had to consider the offender's motive, the seriousness of the offences, and the impact on the victim's family. The court also had to assess the offender's character and his willingness to facilitate the administration of justice.

The court found that the offender's motive was driven by possessiveness, jealousy, and anxiety about the consequences of the breakdown of his marriage. The offender's reactive depression might have affected his attitude and motivation, but it did not excuse his violent actions. The court considered the offender's good character, lack of prior criminal history, and willingness to plead guilty and facilitate the administration of justice as mitigating factors.

The court determined that the offences were very serious, with the aggravated taking and detaining and malicious infliction of grievous bodily harm with intent being particularly heinous. The offender's negligence in failing to provide medical attention, keeping the victim in a vulnerable state, and driving negligently contributed to the victim's death. The court imposed concurrent sentences for the offences, with a non-parole period of 7 years and 6 months for each offence, to be partially cumulative. The sentences were intended to reflect the totality of the offender's criminality and provide justice for the victim and her family.

The final orders were that Clayton John Iskov be sentenced to imprisonment for the malicious infliction of grievous bodily harm with intent, with a non-parole period of 6 years commencing on 24 April 2008, for the aggravated taking and detaining with a non-parole period of 7 years and 6 months commencing on 24 April 2011, and for the manslaughter with a non-parole period of 7 years and 6 months commencing on 24 April 2014. The first day of eligibility for release on parole would be 23 October 2021.

Orders