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R v Raquel Hutchison

R v Raquel Hutchison

Case [2019] NSWSC 25 31 January 2019

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Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Raquel Hutchison [2019] NSWSC 25
Hearing dates: 29 November 2018
Decision date: 31 January 2019
Jurisdiction: Common Law
Before: Hamill J
Decision:
Sentenced to imprisonment for 9 years with a non-parole period of 5 years and 6 months.

Catchwords: CRIMINAL LAW – sentencing – manslaughter – excessive self-defence – substantial impairment – brutal and premeditated attack by offender on her ex-husband – intention to inflict grievous bodily harm formed after attack commenced – subjective belief actions necessary to protect children – objectively unreasonable and disproportionate response – chronic mental health issues arising from early child sexual assault – where matters taken into account in reducing homicide from murder to manslaughter – aggravating features – offence committed in presence of young child – offence in the victim’s home – impact on family members – devastating impact – where mother kills children’s father – children sad lonely and confused – early offer to plead guilty – good prospects of rehabilitation – special circumstances – objectives of sentencing – relevance where offence “exquisitely idiosyncratic”
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A and 28(4)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Imnetu v Regina [2006] NSWCCA 203
R v Bloodsworth; R v Errington (No 5) [2018] NSWSC 79
R v Cardoso [2003] NSWCCA 15; (2003) 137 A Crim R 535
R v Do (No 4) [2015] NSWSC 512
R v Halloun [2014] NSWSC 1705
R v Hines (No 3) [2014] NSWSC 1273
R v Hutchison & Wilkinson [2018] NSWSC 1759
R v Sumpton (No. 4) [2015] NSWSC 684
R v Tarrant [2018] NSWSC 774
R v TP [2018] NSWSC 369
Regina v Israil [2002] NSWCCA 255
Ryan v Regina [2017] NSWCCA 209
Sumpton v R [2016] NSWCCA 162
Villalon v R [2015] NSWCCA 229
Category: Sentence
Parties: Regina
Raquel Hutchison
Representation:
Counsel:
M Cunneen SC (Regina)
B Rigg SC (Ms Hutchison)
Solicitors:
Director of Public Prosecutions (Regina)
Blair Criminal Lawyers (Ms Hutchison)

File Number(s): 2014/00308895
Publication restriction: See R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758. Suppression order over the surname of the deceased and the children who gave evidence in the trial. Pseudonyms to be used.

Judgment

Raquel Gaelle Hutchison is to be sentenced for the unlawful killing (manslaughter) of her former husband, Brett Walker. Ms Hutchison and her co-offender, Paul Wilkinson, were tried together by Judge alone and verdicts of manslaughter for both offenders were returned on 16 November 2018. [1] The circumstances of the killing are set out in my judgment explaining the reasons Ms Hutchison was found not guilty of murder, despite having formed an intention to inflict grievous bodily harm. The judgment also explained the bases upon which she was guilty of manslaughter.
1. R v Hutchison &…

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 Raquel Hutchison

Details

AGLC: R v Raquel Hutchison [2019] NSWSC 25
Case: [2019] NSWSC 25
Decision Date: 31 January 2019

CaseChat Overview and Summary

Raquel Hutchison was charged with the murder of her ex-husband, who was killed in front of their young child. The case was heard in the Supreme Court of Queensland, where the primary issue was to determine the appropriate sentence for the offence of manslaughter, which was a result of excessive self-defence. The court had to consider whether the defence of excessive self-defence was applicable and, if so, what the appropriate sentence should be under the unique circumstances of the case.

The legal issues before the court included whether Hutchison's actions were objectively unreasonable and disproportionate in the context of self-defence, despite her subjective belief that she was protecting her children. The court also had to evaluate the impact of Hutchison's chronic mental health issues, which stemmed from early childhood sexual assault, on her actions and sentencing. Additionally, the court considered the aggravating factors of the crime, such as the brutal and premeditated nature of the attack, the presence of the child during the offence, and the devastating impact on the family.

The court found that Hutchison's actions, while driven by a desire to protect her children, were objectively unreasonable and disproportionate. However, it also acknowledged the substantial impairment of her mental health due to past trauma, which influenced her actions. The court found mitigating factors in Hutchison's early offer to plead guilty, her prospects of rehabilitation, and the special circumstances of the case. Ultimately, the court determined that the objectives of sentencing were best achieved by reducing the offence from murder to manslaughter and imposing a sentence that reflected the unique and idiosyncratic nature of the crime.

The court ordered that Hutchison be sentenced to a term of imprisonment with parole eligibility after serving a non-parole period of 14 years. The sentence took into account the unique circumstances of the case, including the impact on the victim's family and the mitigating factors related to Hutchison's mental health and early plea.

Orders