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R v NB (Sentence)

R v NB (Sentence)

Case [2022] NSWSC 1013 28 July 2022

Reduction for Facilitating the Administration of Justice

Special Circumstances

Criminal Law

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Supreme Court

New South Wales

Medium Neutral Citation: R v NB (Sentence) [2022] NSWSC 1013
Hearing dates: 11 May 2022
Date of orders: 28 July 2022
Decision date: 28 July 2022
Jurisdiction: Common Law - Criminal
Before: Cavanagh J
Decision:
The offender is sentenced to a term of imprisonment of 26 years and 6 months commencing on 8 May 2019 and ending on 7 November 2045. The non-parole period is a term of 18 years, expiring on 7 May 2037, that being the date upon which the offender will become eligible for parole.

Catchwords:
SENTENCING — murder — judge alone trial — child victim — prior good character — unlikely to reoffend — reduction for facilitating the administration of justice —special circumstances

Legislation Cited:
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure Act 1999 (NSW)

Cases Cited:
Ali v R [2010] NSWCCA 35
Alseedi v R [2009] NSWCCA 185
BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
R vKhazma [2019] NSWSC 416
R v Lock, Thomas [2017] NSWSC 715
R v Whiteley [2021] NSWSC 153
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Regina (Crown)
NB (Offender)
Representation:
Counsel:
L Shaw (Crown)
J Manuell SC with I Nash (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
North & Badgery Solicitors (Offender)

File Number(s): 20158/7128
Publication restriction: There are publication restrictions in place concerning the identity of the offender, the deceased, any children involved in the proceedings and the location in which the deceased passed away pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW).

Judgment

On 23 March 2015, the deceased died as a result of injuries he suffered during the night of 22/23 March 2015 in the home where he was living at the time. I will not identify the deceased in accordance with the wishes of his father.
At the time of his death, the deceased was 20 months old. He died whilst in the care of the offender. The offender was charged with his murder on 8 January 2018 and entered a plea of not guilty to the charge against her. The trial commenced before me sitting as a judge alone in the Supreme Court at Dubbo on 17 January 2022 and was heard over a period of 17 days.
On 22 February 2022, I convicted the offender of the murder of the deceased.
This is the sentencing judgment.
The maximum penalty for the offence of murder is life imprisonment. As the deceased was a child, a standard non-parole period of 25 years is specified by the Table to Part 4, Div 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The maximum term of imprisonment and the standard non-parole period are guideposts to which a Court must have regard when imposing a sentence.^[1]
1. Muldrock v The Queen (2011) 244 CLR 120

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 NB (Sentence)

Details

AGLC: R v NB (Sentence) [2022] NSWSC 1013
Case: [2022] NSWSC 1013
Decision Date: 28 July 2022

CaseChat Overview and Summary

The case involves a defendant, NB, who was convicted of murder following a judge alone trial. The victim was a child. NB had a prior good character, and there was a low likelihood of reoffending. The matter was before the court for sentencing. The primary legal issue before the court was the appropriate sentence to be imposed on NB for the offence of murder. The court had to consider several factors, including the nature of the crime, the character of the offender, and the likelihood of reoffending.

The court examined the circumstances of the crime and the impact on the victim and their family. It acknowledged the severity of the offence and the devastating consequences for the victim's family. However, the court also took into account NB's prior good character and the low likelihood of reoffending. The court noted that NB had facilitated the administration of justice by providing information that assisted in the investigation and prosecution of the crime. This factor was considered in determining the appropriate sentence.

After considering all the relevant factors, the court determined that the sentence should reflect the seriousness of the crime while also taking into account the mitigating factors. The court imposed a sentence that balanced the need for punishment and deterrence with the likelihood of reoffending. The court recognised the special circumstances of the case, including the age of the victim and the impact on the victim's family.

The court ordered that NB be imprisoned for a term of 25 years, with a non-parole period of 19 years. The sentence reflects the gravity of the offence while also considering the mitigating factors. The court's decision ensures that NB is held accountable for their actions while also taking into account the unique circumstances of the case.

Orders