| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1581 of 2007
| THE QUEEN |
| v |
| JOHN McKENZIE |
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JUDGE: | KAYE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 September 2008 | |
DATE OF SENTENCE: | 3 October 2008 | |
CASE MAY BE CITED AS: | R v McKenzie | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 394 | |
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CRIMINAL LAW – Sentence – Murder – Guilty plea – Accused contemplating killing in general sense – Access to depraved internet materials – Senseless murder of close friend – Youth – No prior convictions – No psychiatric or psychological disturbance – Limited remorse.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson | Stuart Ward, Acting Solicitor for Public Prosecutions |
| For the Accused | Mr W Stuart | Rainer Martini & Associates |
HIS HONOUR:
John Graeme McKenzie, you have pleaded guilty to the murder of Todd Leslie Laver at Upper Ferntree Gully on 2 December 2006.
The factual circumstances which led to your murder of Mr Laver can be shortly stated. However, the reason why you murdered Mr Laver, and the underlying causes of your actions, are more complex, and less clear.
At the time of the offence you were 20 years of age. You were then working as a cabinet maker, and residing at a unit in Underwood Road, Ferntree Gully. You shared that unit with a friend, Brendan Scholes. Through Scholes you met Mr Laver, and you and Laver became good friends. At that time Mr Laver was working as an apprentice for Doysal Plumbing. Shortly before 1 December 2006 Scholes had stolen the tools of Mr Michael Naylor, who was the principal of Doysal Plumbing. When the theft was detected by Mr Naylor, Laver and you acted as mediators for the return of the tools. For that purpose Scholes returned the tools to the unit at Underwood Road. As he did not wish to be present during the return of the tools to Mr Naylor, he decided to cease residing there. He requested that you put together his belongings, which he would collect subsequently.
On the late afternoon of 1 December 2006, Mr Laver attended at your unit to assist you to return the tools to Mr Naylor. In due course Mr Naylor attended, and the return of the stolen tools to him proceeded without incident. You and Laver then went to another friend’s premises to have a drink. After you returned to your unit, you proceeded to pack up Scholes’ belongings. While you were doing so, you found a large hunting knife belonging to Scholes. You decided to retain possession of that knife, and strapped it to your leg, using a scabbard which came with the knife.
Some time after 7.00 pm, Mr Laver again attended at your unit. You had a drink together, and later, at about 10.30 pm, attended at the house of a friend nearby. There a group of you had a social drink and conversation. While you were doing so you pulled out the hunting knife and showed it…
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- AGLC
- R v McKenzie [2008] VSC 394
- Case
- [2008] VSC 394
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to balance the severity of the crime against the mitigating factors present in the case. This involved considering the youth of the accused, his lack of prior convictions, and his limited remorse. The court also had to evaluate the impact of the internet materials on the accused's state of mind and whether this constituted a significant mitigating factor.
The court found that, while the internet materials might have influenced the accused's actions, they did not absolve him of responsibility for his actions. The senseless nature of the murder and the lack of remorse were significant aggravating factors. Despite the mitigating factors, the court held that a substantial sentence was necessary to reflect the gravity of the crime and to serve as a deterrent. Ultimately, the court determined that an appropriate sentence would reflect both the heinous nature of the crime and the mitigating circumstances surrounding the accused.
The final orders of the court reflected the balance struck between the severity of the crime and the mitigating factors. The court imposed a sentence that, while severe, took into account the youth and lack of prior convictions of the accused, as well as the limited remorse shown. The court emphasised the need for the sentence to serve as a deterrent against similar crimes in the future.
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