R v Mark Anthony COLLON - [2008] NSWSC 174

CITATION: R v Mark Anthony COLLON [2008] NSWSC 174

HEARING DATE(S): 18 and 22 February 2008

JUDGMENT DATE :
7 March 2008

JUDGMENT OF: Mathews AJ

DECISION: Sentenced to a term of imprisonment consisting of a non-parole period of 14 years and six months, commencing 27 October 2006 and expiring on 26 April 2021. Balance of term of imprisonment six years and six months, commencing 27 April 2021 and expiring 26 October 2027. Earliest date eligible for release is 26 April 2021.

CATCHWORDS: CRIMINAL LAW - murder by stabbing - plea of guilty - mid range of objective seriousness - prior criminal record - mitigating factor of youth - finding of special circumstances

PARTIES: Regina
Mark Anthony COLLON

FILE NUMBER(S): SC 2007/3374

COUNSEL: Mr J Crespo (Crown)
Mr P Winch (Accused)

SOLICITORS: S Kavanagh (Crown)
SE O'Connor (Accused)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

MATHEWS AJ

7 March 2008

2007/3374 R v Mark Anthony COLLON
REMARKS ON SENTENCE

1 HER HONOUR: On 18 February 2008 Mark Anthony Collon pleaded guilty to a charge that on 27 October 2006 he murdered Daryl Ogden.

2 The background of the matter is as follows: In October 2006 the offender, who was then 21 years old, shared a home unit in Redfern with the deceased, then aged 24. The unit was owned by the Department of Housing and subcontracted to the South Sydney Youth Service. The offender had lived there since late 2005, through the services of an organisation called Open Family Australia, which provides assistance and accommodation to homeless people. The deceased moved into the unit in August 2006. The two of them did not get on well together. They had a number of differences, mainly about domestic matters. Both of them told officers from Open Family Australia that they did not want to continue staying in the unit. Various attempts were made to resolve the issues between them. Meetings were arranged for 25 and 26 October 2006. The deceased attended these appointments but the offender failed to attend. The deceased was apparently apprehensive about the offender’s behaviour. He told a friend that he placed his bar fridge across his bedroom at night so that the offender could not come in.

3 On the morning of 27 October 2006 a third meeting was scheduled between the offender and the deceased. Yet again the deceased arrived at the meeting but the offender failed to attend. Later that day the offender was telephoned and told that his non-attendance meant that he might be asked to leave the unit. That evening, between 7.00 and 7.30, the occupant of a neighbouring unit heard yelling. At 7.26 that evening the offender made a 000 call to ambulance emergency. He said “I just stabbed a guy, man.” A little later the operator asked if the patient was conscious, he said “I fucking killed him.” Later when asked to put pressure on the patient’s bleeding he said “I can’t, I slit his throat. I stabbed…

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 Mark Anthony COLLON

Details

AGLC: R v Mark Anthony Collon [2008] NSWSC 174
Case: [2008] NSWSC 174
Decision Date: 7 March 2008

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia against Mark Anthony Collon, the defendant was convicted of murder by stabbing, a grave offence that resulted in the death of the victim. Collon entered a plea of guilty, leading the court to determine his sentence within the parameters of the relevant statutory guidelines. Given Collon's prior criminal history and the mitigating factor of his youth at the time of the offence, the court had to balance these considerations in determining the appropriate penalty. The court also needed to assess whether special circumstances existed that would warrant a departure from the mid-range objective seriousness typically associated with such crimes.

The central legal issues for the court involved the application of sentencing principles under the Crimes Act to Collon's case. The court had to weigh the aggravating factor of his criminal history against the mitigating factor of his age at the time of the offence. Furthermore, the court had to decide whether the circumstances of the offence warranted a finding of special circumstances that would allow for a departure from the mid-range objective seriousness. The court's task was to ensure that the sentence reflected both the severity of the crime and the personal circumstances of the offender.

The court concluded that while Collon's prior criminal record was a significant aggravating factor, his age at the time of the offence provided a degree of mitigation. The court acknowledged the seriousness of the crime, but it also recognised the mitigating effect of Collon's youth. After careful consideration, the court found that special circumstances did exist that justified a departure from the mid-range objective seriousness. These special circumstances included the impact of Collon's youth and his prior criminal history on his culpability and potential for rehabilitation. The court sentenced Collon to a term of imprisonment, reflecting the balance of these factors and the need for both punishment and deterrence.

Orders