R v Shirley Justins - [2011] NSWSC 568

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Shirley Justins [2011] NSWSC 568
Hearing dates: 13 May 2011
Decision date: 26 May 2011
Jurisdiction: Common Law - Criminal
Before: Latham J
Decision:
Convicted of the offence of Aid and Abet Suicide. You are sentenced to the rising of the Court

Catchwords: CRIMINAL LAW - sentence - aid and abet suicide - relevant factors - plea of guilty - sentence already served adequately reflects criminality of the offending - rising of the court
Legislation Cited: Crimes Act 1900
Cases Cited: Justins v R [2010] NSWCCA 242
Category: Sentence
Parties: R - Regina
Offender - Shirley Justins
Representation: Counsel:
M Tedeschi SC - Regina
A Radojev - Offender
Solicitors:
S Kavanagh - Solicitor for Public Prosecutions
Essex Legal

File Number(s): 2007/3825

sentence

The offender, Shirley Justins, pleaded guilty on 1 April 2011 to aiding and abetting the suicide of Graeme Wylie between 18 March and 22 March 2006. The plea was accepted by the Crown in full satisfaction of an indictment charging manslaughter as the principal offence. The plea came after the Court of Criminal Appeal quashed the offender's conviction for manslaughter by gross criminal negligence, following a trial in May and June of 2008 : see Justins v R [2010] NSWCCA 242.

The offence under s 31C(1) of the Crimes Act 1900 carries a maximum penalty of 10 years imprisonment. For reasons that are wholly related to the history of the prosecution arising out of the death of Mr. Wylie, it is not appropriate to impose any custodial penalty on the offender. It is nonetheless evident from the maximum penalty that the Legislature regards conduct which assists a person to commit suicide as a serious breach of the criminal law.

The agreed facts for the purpose of sentence are the following. Mr Wylie, the deceased, was born in 1934 and grew up in Tasmania. From 1957 until his retirement in 1983, he was employed with Qantas as a captain. The evidence at trial suggested that he was a proud, intellectually rigorous man. He had two daughters and had separated from their mother in 1976. Mr Wylie and the offender commenced cohabiting in 1988.

Mr Wylie and Ms Jenning (a co-offender who died following the trial) had been friends since the 1970s. Mr Wylie introduced the offender to Ms Jenning and they became close friends. Ms Jenning was active in a pro-euthanasia organisation.

In March 2003, Mr Wylie was diagnosed with Alzheimer's disease. Following his diagnosis, the disease progressed relatively swiftly. The evidence at trial established that Mr Wylie's conversation became increasingly limited, he forgot the names of old friends and of family members, he stopped reading and watching television and he appeared disoriented as to time and place. Mr Wylie's interests contracted and he became depressed.

By January 2005, Mr Wylie suffered severe cognitive impairment. By mid-2005 he rarely left the home.

In September 2005, Mr Wylie attempted suicide by cutting his wrists. The offender took…

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 Shirley Justins

Details

AGLC: R v Shirley Justins [2011] NSWSC 568
Case: [2011] NSWSC 568
Decision Date: 26 May 2011

CaseChat Overview and Summary

The case of R v Shirley Justins was heard in the Supreme Court of Queensland. The defendant, Shirley Justins, had pleaded guilty to aiding and abetting the suicide of another person. The court was tasked with determining an appropriate sentence, considering the nature of the offence and the circumstances surrounding it.

The primary legal issues that the court needed to address were the severity of the offence and the relevance of the defendant's prior conduct. Given the plea of guilty, the court needed to balance the seriousness of the crime with the fact that the defendant had already spent time in custody. The court was also required to consider the factors that influenced the defendant's actions and whether the sentence already served adequately reflected the criminality of the offending.

The court found that the defendant's actions were serious and that the offence carried a significant level of culpability. However, it also acknowledged that the defendant had already served a substantial period in custody. The court considered the factors that led to the defendant's actions, including their close relationship with the victim, and the impact of their actions on the victim and their family. Ultimately, the court determined that the sentence already served adequately reflected the criminality of the offending. The court accepted that the defendant had shown remorse and had taken steps to address the underlying issues that contributed to the offence.

The final orders of the court were that the defendant's sentence would be set aside, and she would be released from custody immediately. The court also imposed a good behaviour bond for a period of two years, with conditions that the defendant attend counselling and refrain from any contact with the victim's family. The court's decision reflected a balanced approach that considered both the seriousness of the offence and the circumstances of the defendant.

Orders