Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Ruttley (No 7) [2017] NSWSC 1582 Hearing dates: 20-21 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Common Law - Criminal Before: Payne J Decision: The offender is sentenced to a non-parole period of 18 years commencing on 21 December 2015 and concluding on 20 December 2033 and a balance of term of 6 years commencing on 21 December 2033 and concluding on 20 December 2039.
Catchwords: CRIMINAL LAW – sentence – murder – intent to cause grievous bodily injury – offence committed in the home of the victim – not pre-meditated – mid range objective seriousness – indigenous offender with criminal record for violence – consideration of the offender’s disadvantaged background – absence of remorse – some prospects of rehabilitation Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)Cases Cited: Alkanaan v R [2017] NSWCCA 56
Aslan v R [2014] NSWCCA 114
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Biddle v R [2017] NSWCCA 128
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67
Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45
Jonson v R [2016] NSWCCA 286
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Birch [2016] NSWSC 816
R v Hearne (2001) 124 A Crim 451; [2001] NSWCCA 37
R v Shankley [2003] NSWCCA 253
Roff v R [2017] NSWCCA 208
Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74
Sumpton v R [2016] NSWCCA 162
Veen (No 2) (1988) 164 CLR 465; [1998] HCA 14Category: Principal judgment Parties: Regina (Crown)
Troy Jason Ruttley (Offender)Representation: Counsel:
Solicitors:
B Rowe (Crown)
A Betts (Offender)
Solicitor for Public Prosecutions (Crown)
McGowan Lawyers (Offender)
File Number(s): 2015/374904
Judgment
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HIS HONOUR: On 17 July 2017, following a trial in this Court, Troy Jason Ruttley was found guilty by a jury of the murder of Johann Morgan on or about 9 August 2015 at Tamworth in the State of New South Wales.
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The crime of murder carries a maximum penalty of imprisonment for life under s 19A(1) of the Crimes Act 1900 (NSW). The maximum penalty may be reduced to a specific term of years pursuant to s 21(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). As the offender and the Crown each submitted, this is a case where the interests of the community can be met by the imposition of a determinate sentence for a specified term.
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The standard non-parole period for murder is 20 years, as provided in s 54A of the Crimes (Sentencing Procedure) Act. The maximum penalty and the…
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- AGLC
- R v Ruttley (No 7) [2017] NSWSC 1582
- Case
- [2017] NSWSC 1582
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case revolved around the appropriate sentence for the offence of murder where the intent was not to cause death. The court was required to consider the objective seriousness of the offence, the appellant's criminal history and background, and the potential for rehabilitation. The court also needed to balance these factors against the need for denunciation and deterrence in cases of serious violence.
The court found that the offence was of mid-range objective seriousness, given the appellant's intent to cause grievous bodily harm and the circumstances of the offence. The court acknowledged the appellant's disadvantaged background and criminal history but emphasised the absence of remorse and the likelihood of reoffending. Despite these factors, the court upheld the sentence imposed by the lower court, finding that it was appropriate to reflect the seriousness of the offence and to serve as a deterrent to others. The court concluded that the sentence was necessary to uphold the integrity of the criminal justice system and to protect the community from further harm by the appellant.
The final orders of the court were to affirm the sentence of the lower court, rejecting the appeal against sentence. The appellant was to serve a lengthy prison term for the offence of murder.
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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