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R v Marcus John Lee

R v Marcus John Lee

Case [2012] NSWSC 1240 19 October 2012

Prospects of Rehabilitation

Special Circumstances

Criminal Law

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Supreme Court

New South Wales

Medium Neutral Citation: R v Marcus John Lee [2012] NSWSC 1240
Hearing dates: 12 October 2012
Decision date: 19 October 2012
Before: Bellew J
Decision:
1. The offender is sentenced to a non-parole period of 13 years and 6 months imprisonment, commencing on 9 May 2011 and ending on 8 November 2024, with an additional period of 4 years and 6 months imprisonment, commencing on 9 November 2024 and ending on 8 May 2029.
2. The total term is one of 18 years imprisonment.
3. The offender will be eligible for release on parole on 9 November 2024 and his sentence will end on 8 May 2029.

Catchwords: CRIMINAL LAW - sentence - murder - early plea of guilty following voluntary surrender and confession to police - where evidence established intention to kill the deceased - where disposal of deceased's body an aggravating factor - where absence of explanation of reasons for commission of offence - no evidence given or tendered in the offender's case on sentence - resultant difficulty in determining prospects of rehabilitation - extent to which voluntary surrender should be taken into account where it was likely that lines of enquiry would have led to the offender in any event - whether special circumstances made out
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Butters v R (2010) NSWCCA 1
MAH v R [2006] NSWCCA 226
Markarian v R (2005) 228 CLR 357
Muldrock v R (2011) 244 CLR 120
R v Bennett [2009] NSWSC 1392
R v Bollen (1998) 99 A Crim R 510
R v Carter [2003] NSWCCA 243
R v Day [2010] NSWSC 983
R v Dong [2010] NSWSC 1241
R v Ellis (1986) 6 NSWLR 603
R v FD and JD (2006) 160 A Crim R 392
R v Fidow [2004] NSWCCA 172
R v Goundar [2010] NSWSC 1170
R v Hasan (2005) NSWCCA 21
R v Simpson (2001) 53 NSWLR 704
R v Thomas [2007] NSWCCA 269
R v Thomson and Houlton (2000) 49 NSWLR 383
R v Previtera (1997) 94 A Crim R 76
Category: Sentence
Parties: Crown
Marcus John Lee (Offender)
Representation: Mr P Barnett SC (Crown)
Mr J Fitzgerald (Offender)
Director of Public Prosecutions NSW (Crown)
Legal Aid Commission of NSW (Offender)

File Number(s): 2011/151783
Publication restriction: None

JUDGMENT

BACKGROUND

On 30 May 2012 Marcus John Lee ("the offender") was committed for sentence to this court, having pleaded guilty before the Local Court to a charge that he did, on 17 April 2011 at Islington in the State of New South Wales, murder Trisha Cobeanou ("the deceased").

The offender adhered to his plea when arraigned before me on 12 October 2012.

The maximum penalty for the offence of murder is one of life imprisonment (see Crimes Act 1900 s19A). Pursuant to s 54A of the Crimes (Sentencing Procedure) Act 1999 ("the Sentencing Act") a standard non-parole period of 20 years is prescribed for that offence.

Section 61(1) of the…

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 Marcus John Lee

Details

AGLC: R v Marcus John Lee [2012] NSWSC 1240
Case: [2012] NSWSC 1240
Decision Date: 19 October 2012

CaseChat Overview and Summary

In the Supreme Court, the respondent, Marcus John Lee, was charged with the murder of an individual. The dispute centred on the sentencing of Lee, who had pleaded guilty to the offence. The case proceeded to determine the appropriate sentence, considering various factors including the nature of the crime and the circumstances surrounding the plea. Lee had surrendered to the police voluntarily, confessed to the crime, and had no explanation for his actions. The court was required to weigh these factors against the aggravating circumstances of the disposal of the victim's body and the lack of evidence presented in mitigation.

The primary legal issues were whether the voluntary surrender and plea of guilty should be given significant weight in sentencing, and if special circumstances existed that could warrant a reduced sentence. The court needed to determine the extent to which these mitigating factors could offset the aggravating aspects of the crime, particularly the intention to kill and the disposal of the body. Additionally, the court had to consider the difficulty in assessing Lee's prospects for rehabilitation due to the lack of evidence presented in his case.

The court acknowledged that Lee's early plea of guilty and voluntary surrender were mitigating factors, but noted that these actions were likely due to the strong evidence against him, which would have inevitably led to his apprehension. The court found that the disposal of the body and the absence of any explanation for the crime were significant aggravating factors. The difficulty in assessing rehabilitation prospects was also considered. Ultimately, the court determined that the mitigating factors, while relevant, were not sufficient to warrant a significant reduction in sentence. The court held that special circumstances did not exist to the extent that would substantially alter the sentence. The court then imposed a sentence reflecting the gravity of the offence and the need for deterrence and denunciation.

Orders