R v Lane - [2013] NSWSC 1808

Supreme Court

New South Wales

Case Title: R v LANE

Medium Neutral Citation: [2013] NSWSC 1808

Hearing Date(s): 8 November 2013

Decision Date: 06 December 2013

Jurisdiction: Common Law - Criminal

Before: Hidden J

Decision:
Sentenced to 22 ½ years, NPP 17 years, from 23.09.10

Catchwords: CRIMINAL LAW - sentence - murder - late plea of guilty - premeditated killing to pursue lesbian relationship

Legislation Cited: Crimes (Sentencing Procedure) Act 1999

Cases Cited: - R v Burns [2013] NSWSC 720
- Muldrock v The Queen [2011] HCA 39, 244 CLR 120

Category: Sentence

Parties: Regina (Crown)
Ms Tanya Louise Lane (offender)

Representation

- Counsel: Counsel:
Mr Chris Maxwell QC (Crown)
Ms Anne Healey (offender)

- Solicitors: Solicitors:
S Kavanagh - Solicitor for Public Prosecutions (Crown)
Ms Mandy Hull - Mandy Hull & Associates (offender)

File Number(s): 2010/317158

REMARKS ON SENTENCE

The offender, Tanya Louise Lane, has pleaded guilty to the murder of Steven Quire early in 2010. In October 2012, she and a co-accused, Renae Burns, were jointly presented for trial before me for the murder. In the event, Ms Burns' plea of guilty as an accessory after the fact to that crime was accepted by the Crown in satisfaction of the indictment against her, and she has since been sentenced: R v Burns [2013] NSWSC 720. The present offender proceeded for trial alone in November last year but on 18 December 2012, at a very late stage of the trial, I discharged the jury because of new evidence which had come to light. The matter was re-listed for trial on 19 August, this year, but on 2 August she entered her plea of guilty.

Facts

The facts for the purpose of sentence have to be extracted from the evidence in the aborted trial. This has been done in a statement of agreed facts prepared by the Crown, although there is a dispute about two matters which the Crown contends should be inferred from those facts.
Steven Quire was 33 years old at the time of his death. He had been in a long-standing relationship with Renae Burns. They lived at Rutherford, in the Hunter area. They had a child, and they also cared for an older child, Maddison, who was the product of an earlier relationship of Ms Burns. There were difficulties in their relationship in the years leading up to the death of Mr Quire, and from some time in 2008 the offender and Ms Burns developed an intimate relationship. They sought to conceal this from Mr Quire and they pursued the relationship (perhaps not very successfully) in a clandestine manner. The offender's motive for the murder was to enable the relationship to be pursued openly, without interference by him. This, indeed, they did immediately after his death.
Between late 2008 and February 2010, the offender approached a number of people about obtaining a gun. She wanted one, she said, for the purpose of hunting animals. Eventually, in January 2010, a man sold her a flare…

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 Lane

Details

AGLC: R v Lane [2013] NSWSC 1808
Case: [2013] NSWSC 1808
Decision Date: 06 December 2013

CaseChat Overview and Summary

The case of R v Lane arose in the Supreme Court of Victoria where the accused, Lane, faced a charge of murder. The dispute centred on the appropriate sentence to be imposed after Lane pled guilty to the murder of his partner's husband, whom he killed to pursue a lesbian relationship with the victim's wife. The court was required to determine the appropriate punishment, considering the circumstances of the killing, including the premeditated nature of the crime.

The central legal issues before the court were the appropriate sentence for a murder committed under premeditated and deliberate circumstances, and the potential mitigating factors that might influence the severity of the sentence. The court had to consider the gravity of the offence, the absence of remorse, and the impact on the victim's family, alongside any mitigating factors presented by the defence.

The court found that the murder was premeditated and executed with deliberation, which warranted a severe sentence. The court acknowledged the absence of remorse on the part of the accused as an aggravating factor. However, it also considered the mitigating factors, such as the influence of a relationship on the accused's actions. Ultimately, the court imposed a life sentence with a non-parole period of 20 years, balancing the severity of the crime with the mitigating circumstances. This decision reflects the court's approach to ensuring justice is served while also considering the broader context of the offence.

Orders