District Court
New South Wales
Medium Neutral Citation: R v Murray [2013] NSWDC 339 Decision date: 07 August 2013 Jurisdiction: Criminal Before: Conlon DCJ Decision: Sentence to a non parole period of 15 years to date from 16 February 2012 and to expire on 15 February 2027. Sentenced to an additional term of 5 years to expire on 15 February 2032.
Catchwords: Discharging a firearm with intent to cause grievous bodily harm Category: Sentence Parties: Regina (Crown)
Adam Murray (Offender)Representation: Counsel:
Solicitors:
File Number(s): 2012/50862
Judgment
The offender Adam Scott Murray appears for sentence following his plea of guilty to a charge of discharging a firearm with intent to cause grievous bodily harm. The offence is contrary to S 33A(1)(a) of the Crimes Act and carries a maximum penalty of twenty‑five years imprisonment. The agreed statement of facts is contained within the Crown bundle of documents, exhibit A, and they are as follows.
As of February 2012 the victim Renee Sullivan was then aged twenty‑one years and she was living with her partner Ronald Zammit and their four children including two month old twins at 44 Fowlers Road, Dapto. Ronald Zammit knew the offender from school days. Renee first met the offender around Christmas 2011. Earlier on 15 February 2012 Renee was at a local part with her daughter and her mother. At that time she saw the offender and one of his friends, a Michael Apps, carrying a case of beer.
At about 6.20pm that day Renee was at home with her partner and children. They were living in a townhouse that had a front wooden door and a screen security door. Next to the door was a window that was covered with a bed sheet. Renee and her partner were at the rear of their premises when they heard three loud knocks at the front door. The victim walked towards the front door and pulled aside the curtain at the front window to see who was there. She was immediately shot right between the eyes. She of course remembers nothing apart from later waking up in hospital.
The offender had discharged a firearm through the front window. Renee has sustained a single gunshot wound to the bridge of her nose between her eyes. Her partner ran to her assistance. She was saying she could not see. He saw blood running down her face and he observed a hole and a crack in the window. He contacted triple‑0 and it appears rather amazingly that Renee managed to talk to the operator. When her partner asked who it was she said, “It was Muzza”. That is a nickname by which the offender was commonly known.
The victim’s sister, Alyssa Sullivan, arrived before the ambulance. Renee told her that the person responsible was, “Adam Murray, Muzza, Adam”.
Following the attendance of police and ambulance the victim was flown by helicopter to St George Hospital where surgery was performed attempting to remove the bullet from her brain. She was later taken…
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- AGLC
- R v Murray [2013] NSWDC 339
- Case
- [2013] NSWDC 339
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate sentence for Murray, considering the severity of the offence, the circumstances in which it occurred, and the need for deterrence and rehabilitation. The prosecution argued for a significant custodial sentence, while the defence submitted that the circumstances warranted a more lenient approach, taking into account Murray's background and the lack of any previous convictions.
The court found that the offence was of a serious nature, involving the deliberate use of a firearm with intent to cause harm. The court emphasised the need for general and specific deterrence in such cases, and the importance of sending a clear message that such behaviour would not be tolerated. After weighing the arguments and considering the relevant factors, the court sentenced Murray to a non-parole period of 15 years, to expire on 15 February 2027, and an additional term of 5 years, to expire on 15 February 2032.
Orders
Orders of the court
Sentence to a non parole period of 15 years to date from 16 February 2012 and to expire on 15 February 2027. Sentenced to an additional term of 5 years to expire on 15 February 2032.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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