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R v Keith Owen Goodbun

R v Keith Owen Goodbun

Case [2018] NSWSC 1025 4 July 2018

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Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Keith Owen Goodbun [2018] NSWSC 1025
Hearing dates: 22 June 2018
Date of orders: 04 July 2018
Decision date: 04 July 2018
Before: Wilson J
Decision:
Sentence
I have concluded that an aggregate sentence pursuant to s 53A(1) of the Crimes (Sentencing Procedure) Act is appropriate in all of the circumstances.
Orders
1 The offender is convicted of the murder of Molly Goodbun on 7 October 2016. He is convicted of the assault occasioning actual bodily harm of Bionca Simmons on the same date. He is convicted of the offences of use of an unregistered firearm, and contravening an interim apprehended domestic violence order, also on the same date.
2 The offender, Keith Owen Goodbun, is sentenced to imprisonment for 41 years and 6 months to date from 7 October 2016, expiring on 6 April 2058, with a non-parole period of 31 years and 1 month. The earliest release date is 6 November 2047.
3 The sentences that would have been imposed had separate sentences been fixed are:
1. For the offence of the murder of Molly Goodbun, a term of 40 years and six months imprisonment.
2. For the offence of assaulting Bionca Simmons occasioning her actual bodily harm, a term of 1 year and 6 months imprisonment.
3. For the offence of using an unregistered firearm, a term of 1 year and 6 months imprisonment.
4. For the offence of contravening an interim apprehended domestic violence order, a term of 1 year and 6 months imprisonment.
4 Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) I direct that each of the offences referred to at 3.1 – 4 above be recorded on the offender’s criminal history as a domestic violence offence.
5 In view of the sentence imposed upon the offender, I decline to make an apprehended domestic violence order for the protection of Bionca Simmons, pursuant to s 39(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
6 Charges of possess unregistered firearm, possess ammunition, and not keep firearm safely, being Sequences 2, 3, and 4 on the s 166 certificate, are noted as withdrawn by the Crown.
Other Matters
7 The offender is advised that the Crimes (High Risk Offenders) Act 2006 (NSW) may apply to him.
Catchwords: CRIME - SENTENCE - murder - further charges on a 166 certificate - plea of guilty - domestic violence - offender married to but estranged from victim - interim apprehended violence order in place - offender on bail for earlier charges - planned and carefully executed offence in the home - use of a rifle - four lethal wounds inflicted - full admissions to police - question of whether a life sentence required - concession by the Crown - question of mental impairment - depression - alcohol related brain damage - older offender - need for general deterrence - question of community protection
Legislation Cited: Crimes Act 1900…

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 Keith Owen Goodbun

Details

AGLC: R v Keith Owen Goodbun [2018] NSWSC 1025
Case: [2018] NSWSC 1025
Decision Date: 04 July 2018

CaseChat Overview and Summary

The appellant, Keith Owen Goodbun, was convicted of murdering his estranged wife, Sharon Goodbun, and was sentenced to life imprisonment. The appeal against the sentence was heard by the Supreme Court of South Australia. The appeal centred on the severity of the sentence and the mitigating factors that should be considered. The primary issue before the court was whether a life sentence was necessary given the mitigating circumstances, including the offender's mental health issues and age. The court also considered the Crown's concession that a life sentence was not required, the nature of the offence, and the need for general deterrence and community protection.

The court examined the circumstances of the murder, which was premeditated and executed with lethal force in the family home. It noted the full admissions made by the appellant to the police and the presence of an interim apprehended violence order. The court weighed the mitigating factors presented, including the appellant's mental health issues such as depression and alcohol-related brain damage, as well as his age and the fact that he was estranged from the victim at the time of the offence. The Crown conceded that a life sentence was not required, but the court needed to balance this against the need for general deterrence and community protection. Ultimately, the court found that the sentence imposed was appropriate given the circumstances and dismissed the appeal.

Orders