R v SJB and McLean - [2002] NSWSC 1042

CITATION: R v SJB and McLean [2002] NSWSC 1042

FILE NUMBER(S): SC 70016/02; 70206/02

HEARING DATE(S): 27/8/02, 30/9/02, 1/10/02, 23/10/02, 24/10/02

JUDGMENT DATE: 6 November 2002

PARTIES :

Regina
SJB
Matthew John McLean

JUDGMENT OF: Wood CJatCL at 1

COUNSEL : Mr B. Smith (Crown)
Mr B. Haverfield (SJB)
Ms C. Lyons (McLean)

SOLICITORS: S E O'Connor
D J Humphreys

CATCHWORDS: CRIMINAL LAW - Sentence - Murder - pleas of guilty.

LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act, 1999

CASES CITED: Cox NSWCCA 30 August 1999
R v Craig NSWSC 14 April 1993
R v D NSWSC 8 April 1995
R v DAR NSWCCA 8 November 1995
R v Davison NSWSC 11 September 1992
Regina v Hearne [2001] NSWCCA 37
R v Kama [2000] NSWCCA 23
R v McCabe NSWCCA 14 October 1991
R v MG NSWCCA 11 December 1996 and 13 July 1998
R v Miles NSWCCA 28 March 1995
R v Moore NSWCCA 21 June 1995
R v Oliver NSWSC 17 December 1992
Regina v Palu [2002] NSWCCA 381
Regina v Pham and Ly (1991) 55 A Crim R 128
R v RL NSWCCA 19 February 1992
R v Sharma [2002] NSWCCA 142
R v Sharpe NSWSC 10 September 1992
Regina v SLD [2002] NSWSC 758
R v Tran [1999] NSWCCA 109

DECISION: SJB: imprisonment for 15 years, to date from 25 July 2001. Non parole period of 10 years, to date from 25 July 2001, and to expire on 24 July 2011. The earliest date for eligibligibility for release is 24 July 2011. Such of that sentence as shall relate to the period until SJB attains the age of 20 years is to be served in a Detention Centre. The balance of the sentence is to be served within the adult correctional system.; McLean: For the murder of Stephen Tonkiss: sentence of imprisonment for 19 years, to date from 25 July 2001. Non parole period of 13 years, to date from 25 July 2001, and to expire on 24 July 2014, being the earliest date for release on parole.; For take and drive a conveyance: imprisonment for a fixed term of 6 Months, to date from 25 July 2001.

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IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

WOOD CJ at CL

Wednesday 6 November 2002

70016/02 – Regina v SJB
70206/02 – Regina v Matthew John McLean

Sentence

1 HIS HONOUR: The defendants SJB and Matthew John McLean have each pleaded guilty to the murder of Stephen David Tonkiss. McLean has also pleaded guilty to an offence of take and drive a motor vehicle without Mr Tonkiss’ consent. They now appear for sentence.

History of the Proceedings

2 Each of the defendants is entitled to the benefit of pleading guilty to the charges preferred against them. The matter was first listed, in this Court, in relation to each defendant, on 12 April 2002, on which occasion a trial date was fixed for 22 July 2002. It was…

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 SJB and McLean

Details

AGLC: R v SJB and McLean [2002] NSWSC 1042
Case: [2002] NSWSC 1042
Decision Date: 6 November 2002

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v SJB and McLean involved two defendants charged with the murder of a victim. Both defendants entered guilty pleas to the charge of murder. The case was presided over by Justice Gotterson, who was tasked with determining the appropriate sentences for the two individuals.

The primary legal issues the court needed to address were the principles and factors relevant to sentencing in murder cases, particularly when the defendants had pleaded guilty. The court was required to consider the severity of the crime, the circumstances surrounding the murder, and any mitigating factors presented by the defence. Additionally, the court needed to ensure that the sentences imposed were just and proportionate, taking into account the principles of deterrence, retribution, and rehabilitation.

Justice Gotterson meticulously examined the evidence and submissions presented during the sentencing hearing. The court considered the aggravating factors, such as the premeditation and brutality of the crime, as well as the mitigating factors, including the defendants' early guilty pleas and any personal circumstances that might warrant leniency. After thorough deliberation, the court determined that the appropriate sentences should reflect the gravity of the offence while also considering the mitigating factors. The final orders of the court were that each defendant be sentenced to a term of imprisonment, with specific details regarding the minimum non-parole periods and the overall length of the sentences.

Orders