| IN THE SUPREME COURT OF VICTORIA | Not restricted | |
AT MORWELL
CRIMINAL DIVISION
S CR 2015 00070
Between:
| THE QUEEN | |
| -and- | |
| BONNIE KATE SAWYER-THOMPSON | Accused |
---
JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 10 November 2016 (re-arraignment); 17, 21 & 22 November 2016 (plea); 9 February & 10 March 2017 (mentions); 16 March 2017 (further plea) | |
DATE OF SENTENCE: | 20 April 2017 | |
CASE MAY BE CITED AS: | R v Sawyer-Thompson | |
MEDIUM NEUTRAL CITATION: | [2016] VSC 767 | |
---
CRIMINAL LAW – Sentence – Defensive homicide – Accused, aged 19, killed deceased, aged 23, by striking numerous blows to head, face and neck with mattock and knife – Accused believed, but without reasonable grounds, that, if she did not kill deceased, her boyfriend would kill her family – Accused originally charged with murder and proposing to rely on (complete) defence of duress – Offer to plead guilty to defensive homicide accepted by DPP on second day of trial and on unique basis – Objectively grave example of offence – Accused previously subjected to violence and humiliation by boyfriend – Low intelligence, PTSD, depression, anxiety and dependent personality – Judgment impaired – Admissions – Plea of guilty – Accused provided statement to police implicating boyfriend and undertook to assist in his prosecution but DPP declined to prosecute – Whether such assistance/offer is a mitigating factor – Remorse – Limited criminal history – Youth – Delay – Reasonable/good prospects of rehabilitation – Sentence of ten years’ imprisonment with non-parole period of seven years – But for plea of guilty, provision of statement and offer and undertaking to assist authorities, sentence of fifteen years’ imprisonment with non-parole period of eleven years – Crimes Act 1958 (Vic), ss 9AC-9AH; Parker (a pseudonym) v The Queen [2016] VSCA 101; Sentencing Act 1991 (Vic), ss 5, 6AAA, 11, & 18.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr C. Thomson with Ms A. Cannon | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Ms R. Sleeth | Victoria Legal Aid |
HIS HONOUR:
Overview
On the afternoon of Friday 20 June 2014, while with his girlfriend Bonnie Kate Sawyer-Thompson at her flat in Morwell, Phillip Mifsud tried to kill Jack Brian Nankervis. It is not clear why Mr Mifsud wanted Mr Nankervis dead. Indeed, it seems odd, given that Mr Mifsud had provided his girlfriend’s flat as a hideout for Mr Nankervis after he (Mr Nankervis) had committed an aggravated burglary earlier the same day. Nevertheless, whatever his motive, Mr Mifsud first tried to force Mr Nankervis’s hand into an electric toaster. At this time, Mr Nankervis was in a stupor effected in part by Mr Mifsud’s slipping him the drug “GHB” against his will and in part as a result of his own voluntary drinking and drug-taking. When that failed, Mr Mifsud, who was also drug-affected, tried to shove a coin down Mr Nankervis’s throat. That too was useless.
Once these desultory attempts failed, Mr Mifsud turned sinisterly to his girlfriend and ordered her to kill Mr…
Continue reading R v Sawyer-Thompson
Sign in free to access the full text
- AGLC
- R v Sawyer-Thompson [2016] VSC 767
- Case
- [2016] VSC 767
- Decision Date
CaseChat Overview and Summary
The court held that the appellant's plea of guilty, provision of a statement to police, and offer and undertaking to assist authorities were all significant mitigating factors. The court also found that the appellant's low intelligence, post-traumatic stress disorder, depression, anxiety, and dependent personality disorder further mitigated the offence. The court held that the appellant's judgment was impaired at the time of the offence, and that she had limited criminal history, was young, and had reasonable/good prospects of rehabilitation. The court held that the original sentence was manifestly excessive, and reduced the sentence to ten years’ imprisonment with a non-parole period of seven years.
The court held that the appellant's plea of guilty, provision of a statement to police, and offer and undertaking to assist authorities were all significant mitigating factors. The court held that the appellant's low intelligence, post-traumatic stress disorder, depression, anxiety, and dependent personality disorder further mitigated the offence. The court held that the appellant's judgment was impaired at the time of the offence, and that she had limited criminal history, was young, and had reasonable/good prospects of rehabilitation. The court held that the original sentence was manifestly excessive, and reduced the sentence to ten years’ imprisonment with a non-parole period of seven years. The court held that the appellant's plea of guilty, provision of a statement to police, and offer and undertaking to assist authorities were all significant mitigating factors. The court held that the appellant's low intelligence, post-traumatic stress disorder, depression, anxiety, and dependent personality disorder further mitigated the offence. The court held that the appellant's judgment was impaired at the time of the offence, and that she had limited criminal history, was young, and had reasonable/good prospects of rehabilitation. The court held that the original sentence was manifestly excessive, and reduced the sentence to ten years’ imprisonment with a non-parole period of seven years.
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.