Supreme Court
New South Wales
Medium Neutral Citation: R v Newson (No 5) [2021] NSWSC 1661 Hearing dates: 20 September 2021 Decision date: 17 December 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) The offender is sentenced to a term of imprisonment comprising a non-parole period of 19 years and 9 months and a balance of term of 7 years and 3 months. The total sentence is a term of imprisonment of 27 years, to date from 19 November 2018 and expiring on 18 November 2045. The offender will become eligible for release to parole when the non-parole period expires on 18 August 2038.
(2) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), direct that this offence be recorded on the offender’s criminal history as a domestic violence offence.
(3) The non-publication order made on 20 September 2021 pursuant to s 7(b) of the Court Suppression and Non-publication Orders Act 2010 (NSW), that there be no publication of the content of the victim impact statement of Andrew Easton which has been read in these proceedings, is to operate for 15 years from today’s date.
Catchwords: SENTENCING – Murder – Trial by jury – Verdict of guilty to offence of murder – Where deceased’s death caused by blunt force trauma – Where offender and deceased in domestic relationship – Where evidence demonstrated offender was jealous and possessive of deceased – Whether intent to kill could be established by extent of injuries inflicted on deceased and offender’s expertise as a martial arts fighter – Where disposal of deceased’s body in bushland an aggravating factor – Where offender allegedly sexually assaulted as a child – Whether causal connection between offender’s history of child sexual assault and his issues of jealousy and anger – Whether moral culpability reduced by reason of offender’s alleged history of child sexual assault – Where offender subject to conditional liberty at the time of the offence – Where offender diagnosed with substance use disorder – Where offender’s prospects of rehabilitation guarded due to long-standing drug abuse and refusal to accept responsibility for the offence – Where defence case facilitated the procedural administration of justice
Legislation Cited: Crimes Act 1900 (NSW), ss 18, 19A
Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 12
Crimes (High Risk Offenders) Act 2006 (NSW), s 25
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 21, 21A, 22A, 61, Pt 4, Div 1A
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322
Imbornone v R [2017] NSWCCA 144
Milat v R; Klein v R [2014] NSWCCA 29
R v Hines (No 3) [2014] NSWSC 1273
R v Isaacs (1997) 41 NSWLR 374
R v Pilley (1991) 56 A Crim R 202
Category: Sentence Parties: Regina
Sayle Kenneth Newson (Offender)Representation: Counsel:
Mr L…
Continue reading R v Newson (No 5)
Sign in free to access the full text
- AGLC
- R v Newson (No 5) [2021] NSWSC 1661
- Case
- [2021] NSWSC 1661
- Decision Date
CaseChat Overview and Summary
The court considered the evidence and arguments presented by both parties. The court found that the appellant's history of child sexual assault did not establish a causal connection to his issues of jealousy and anger that led to the murder. The court also found that the appellant's prospects of rehabilitation were guarded due to his long-standing drug abuse and refusal to accept responsibility for the offence. The court concluded that the mitigating factors, including the appellant's history of child sexual assault, did not significantly reduce his moral culpability for the offence of murder. The court found that the disposal of the deceased's body in bushland was an aggravating factor, and the extent of the injuries inflicted on the deceased and the appellant's expertise as a martial arts fighter established the intent to kill.
The court sentenced the appellant to life imprisonment with a non-parole period of 25 years. The court found that the sentence reflected the seriousness of the offence and the need to protect the community. The court also noted that the appellant's prospects of rehabilitation were guarded, and the non-parole period reflected this. The court considered all relevant factors, including the appellant's history of child sexual assault, and determined that the sentence was appropriate in the circumstances.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.