Supreme Court
New South Wales
Medium Neutral Citation: R v Parkes (No 3) [2024] NSWSC 910 Hearing dates: 16 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of murder the offender is sentenced to:
(1) Imprisonment for a term of 31 years to commence on 14 February 2022 and expire on 13 February 2053.
(2) The non-parole period is 21 years and 6 months to commence on 14 February 2022 and expire on 13 August 2043. The offender will be eligible for parole on 13 August 2043.
I note that the effective total head sentence (having regard to the sentence already served) from 14 August 2020 is 32 years and 6 months and the effective non-parole period is 23 years.
(3) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that Act and of its application to the offence of which he has been convicted. His legal representatives are requested to advise him of the implications of that Act to him.
Catchwords: SENTENCE – MURDER – offender found guilty at trial – joint criminal enterprise – where not possible to find offender committed physical act causing death beyond reasonable doubt or that co-offender did on balance of probabilities – no remorse – no discount for assistance – totality – reasonable prospect of rehabilitation – hardship in custody related to former OMCG membership – custody throughout COVID-19 pandemic – mental health – special circumstances
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30(E)(1), s 30E(3), 44(2), s 54B, 61(1)
Crimes Act 1914 (Cth), ss 18(1)(a), 20(1)(b)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Isaacs (1997) 41 NSWLR 374
Category: Sentence Parties: Rex (Crown)
Benjamin Troy Parkes (Offender)Representation: Counsel:
Solicitors:
D Robinson (Crown)
N Steel (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid Commission of New South Wales (Offender)
File Number(s): 2021/95786 Publication restriction: Nil.
REMARKS ON SENTENCE
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Najma Carroll was 33 years old when she was murdered. As a child she was gifted academically, attending the opportunity class at Woollahra Public School and gaining admission to Sydney Girls High School where she attained an UAI of 92.6. She excelled at sport and gained admission to the University of Sydney to study physiotherapy. Despite her obvious successes, all was not what it seemed.
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When Ms Carroll was…
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- AGLC
- R v Parkes (No 3) [2024] NSWSC 910
- Case
- [2024] NSWSC 910
- Decision Date
CaseChat Overview and Summary
The respondent argued that he should not be held responsible for the murder as it was not possible to determine whether he or his co-offender had caused the death. The respondent also argued for a discount in sentence for assistance and for special consideration of the hardship he faced due to his former membership in a criminal organisation and his mental health. The prosecution argued that the respondent was responsible for the murder, there was no evidence of remorse, and there were no special circumstances warranting a discount in sentence.
The sentencing judge found that the respondent was responsible for the murder as a member of a joint criminal enterprise. The judge found that there was no evidence to show that the co-offender had caused the death, and therefore the respondent was responsible. The judge found that there was no evidence of remorse and no discount for assistance. The judge took into account the totality of the respondent's offending and found that there was a reasonable prospect of rehabilitation. The judge also considered the hardship faced by the respondent due to his former membership in a criminal organisation and his mental health, but found that these factors did not warrant a discount in sentence. The judge sentenced the respondent to life imprisonment with a non-parole period of 22 years.
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