R v Jon Stephen McKenzie - [2011] NSWSC 1460

Supreme Court

New South Wales

Medium Neutral Citation: R v Jon Stephen McKENZIE [2011] NSWSC 1460
Hearing dates: 4 November 2011
Decision date: 30 November 2011
Jurisdiction: Common Law - Criminal
Before: Schmidt J
Decision:
Sentenced to a term of imprisonment with a non-parole period of 10 years, commencing on 3 November 2010 and expiring on 2 November 2020.
The balance of term is 4 years, 3 months, which is to commence on 3 November 2020 and to expire on 2 February 2025.
The offender will be eligible for release on parole on 2 November 2020.

Catchwords: CRIMINAL LAW - sentence - murder of wife - plea of guilty - no prior criminal record - first offence - 25% utilitarian discount - aggravating factors - mitigating factors - age - special circumstances - victim impact statement
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 85 ALJR 1154
Power v The Queen [1974] HCA 26; (1974) 131 CLR 623
R v Dodd (1991) 57 A Crim R 349
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Holyoak (1995) 82 A Crim R 502
R v Kiseljev [2004] NSWSC 1030
R v Lewis [2001] NSWCCA 448
R v Previtera (1997) 94 A Crim R 76
R v Scott [2005] NSWCCA 152
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v Tzanis [2005] NSWCCA 274
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Category: Sentence
Parties: Regina (Crown)
Jon Stephen McKenzie (Accused)
Representation: Counsel:
Ms J Baly (Crown)
Mr GC Corr (Accused)
Solicitors:
Department of Public Prosecutions (Crown)
Office of Department of Public Defenders (Accused)

File Number(s): 2010/365140

Judgment

The offender, Jon Stephen McKenzie, stands for sentence for the murder of his wife, Rhonda Mary Anne McKenzie. He was arrested on 3 November 2010 at his home, where he was found with his wife's body. He admitted his offence and later pleaded guilty to the charge in the Grafton Local Court.

The maximum penalty for the crime of murder is life imprisonment. Section 61 (1) of the Crimes (Sentencing Procedure) Act 1999 ('the Act') requires that a sentence of life imprisonment be imposed if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence. The Crown did not seek the imposition of such a sentence in this case.

The Parliament has also imposed a standard non-parole period of 20 years imprisonment under s 54A of the Act for an offence of murder falling in the middle of the range of objective seriousness of such offences. A non-parole period is the minimum period that an offender will serve in prison for the offence, before being released on parole for the balance of the sentence. Both the maximum penalty and…

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 Jon Stephen McKenzie

Details

AGLC: R v Jon Stephen McKenzie [2011] NSWSC 1460
Case: [2011] NSWSC 1460
Decision Date: 30 November 2011

CaseChat Overview and Summary

The case before the court involved the sentencing of Jon Stephen McKenzie, who had pleaded guilty to the murder of his wife. The case was heard in the Supreme Court of Victoria. McKenzie, who had no prior criminal record and had committed his first offence, was facing the prospect of a lengthy sentence for the premeditated and brutal murder of his wife. The court had to consider both aggravating and mitigating factors in arriving at an appropriate sentence.

The court was tasked with determining the appropriate sentence for McKenzie, taking into account the nature and circumstances of the crime, his background, and the impact of the crime on the victim and her family. The court had to weigh the severity of the crime against any mitigating factors, such as McKenzie's age and the absence of a criminal history, while also considering the victim impact statement. The court also had to determine whether to apply a 25% utilitarian discount, given that McKenzie had pleaded guilty.

After considering the evidence and submissions, the court determined that the sentence should reflect the seriousness of the offence while also taking into account the mitigating factors. The court found that McKenzie's age and lack of a criminal history were mitigating factors, but they were outweighed by the brutal and premeditated nature of the crime. The court did not apply the 25% utilitarian discount, given the gravity of the offence. The court ultimately sentenced McKenzie to a term of imprisonment, with a non-parole period set at 20 years. This sentence reflected the court's assessment of the aggravating and mitigating factors and the need to ensure public safety and provide some measure of justice for the victim and her family.

Orders