R v Murray

Case [2015] NSWSC 1034



Supreme Court

New South Wales

Case Name: 

R v Murray

Medium Neutral Citation: 

[2015] NSWSC 1034

Hearing Date(s): 

17 July 2015

Date of Orders:

30 July 2015

Decision Date: 

30 July 2015

Before: 

Schmidt J

Decision: 

David Robert Francis Murray convicted of the murder of Keeli Antoinette Dutton.
 
Sentenced to a term of imprisonment of 25 years 4 months, commencing on 26 November 2013 with a non-parole period of 19 years, expiring on 25 November 2032.
 
Balance of term of 6 years 4 months, which is to expire on 25 March 2039.

Catchwords: 

CRIMINAL LAW – sentence – murder – plea of guilty – murder of de facto partner – gravity of offence – aggravating factors – conditional liberty – offender’s record – place of offending – mitigating factors – hardship of custody – no remorse – general and specific deterrence – moral culpability – discount for guilty plea – no special circumstances – victim impact statements – sentence imposed

Legislation Cited: 

Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited: 

Aktar v R [2015] NSWCCA 123
Betts v R [2015] NSWCCA 39
Clarkson v R [2007] NSWCCA 70; (2007) 209 FCR 387
EK v R [2010] NSWCCA 119; (2010) 79 NSWLR 740
Essex v R [2013] NSWCCA 11
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520
Hiron v R [2007] NSWCCA 336
Ingham v R [2011] NSWCCA 88
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Melbom v R [2013] NSWCCA 210
MH v R [2011] NSWCCA 230
Montero v R [2013] NSWCCA 214; (2013) 234 A Crim R 532
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
Oh Hyunwook v R [2010] NSWCCA 148
Power v The Queen [1974] HCA 26; (1974) 131 CLR 623
R v AB [2011] NSWCCA 229; (2011) 59 MVR 356
R v BIP [2011] NSWCCA 224
R v Bolt [2013] NSWSC 895
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Gazi Comert [2004] NSWCCA 125
R v Dodd (1991) 57 A Crim R 349
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Johnson [2015] NSWSC 31
R v Kennedy [200] NSWCCA 487; (2000) 118 A Crim R 34
R v Lewis [2001] NSWCCA 448
R v Loveridge [2014] NSWCCA 120
R v Lutu [2014] NSWSC 413
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Serutawake [2014] NSWSC 413
R v Scott [2005] NSWCCA 152
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v Wright (1997) 93 A Crim R 48
RWB v R; R v RWB [2010] NSWCCA 147; (2010) 202 A Crim R 209
Veen v…

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AGLC
R v Murray [2015] NSWSC 1034
Case
[2015] NSWSC 1034
Decision Date

CaseChat Overview and Summary

The appellant, Murray, was charged with the murder of his de facto partner and entered a guilty plea. The case was heard in the Supreme Court of Victoria, where the sentencing phase was the primary focus. The central legal issues revolved around determining an appropriate sentence for the offence of murder, considering both aggravating and mitigating factors, as well as the principles of sentencing in such grave matters.

The court examined several aggravating factors, including the gravity of the offence, the absence of remorse, and the offender's criminal history. Mitigating factors such as the offender’s conditional liberty, the hardship of custody, and the discount for the guilty plea were also considered. The place where the offence was committed, the moral culpability, and the need for general and specific deterrence were all factored into the court's decision-making process. Additionally, victim impact statements were presented, which highlighted the profound impact the murder had on the victim's family and friends. The court meticulously weighed these elements to arrive at a sentence that balanced justice for the victim with the principles of sentencing.

After evaluating the evidence and arguments presented, the court imposed a sentence that reflected the severe nature of the crime. The sentence took into account the mitigating factors and the discount for the guilty plea but was heavily influenced by the significant aggravating factors. The court concluded that there were no special circumstances that would warrant a departure from the usual sentencing principles for such a serious offence. The final orders of the court mandated a custodial sentence, reflecting the gravity of the murder and the need to uphold the principles of justice and deterrence.

Orders

Orders of the court

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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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