R v Spicer - [2015] NSWSC 519

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Spicer [2015] NSWSC 519
Hearing dates: 17 April 2015
Date of orders: 15 May 2015
Decision date: 15 May 2015
Jurisdiction: Common Law - Criminal
Before: Harrison J
Decision:
Sentence Bernard Justin Spicer to a term of imprisonment of 32 years commencing on 21 December 2011 and expiring on 20 December 2043, with a non-parole period of 24 years expiring on 20 December 2035.

Catchwords: CRIMINAL - sentence - murder - joint criminal enterprise - verdict of guilty following trial - plea of guilty to alternative count of break, enter and commit indictable offence rejected - offender not person of prior good character - whether offender likely to re-offend - no remorse shown by offender - crime perpetrated in home of deceased and result of considerable planning - whether crime in worst category of case - whether offender manipulated or influenced by co-offender - whether offender intended to kill deceased - whether sentence should take account of the need for general deterrence
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Isaacs v R (1997) 41 NSWLR 374; (1997) 90 A Crim R 587
Markarian v R [2005] HCA 25; (2005) 228 CLR 357
Muldrock v R [2011] HCA 39; (2011) 244 CLR 120
R v Johnson [2004] NSWCCA 76
R v Kristi Anne Abrahams [2013] NSWSC 952
R v Patsalis [2001] NSWCCA 476
R v Pilley (1991) 56 A Crim R 202
R v Shankley [2003] NSWCCA 253
R v Spathis [2001] NSWCCA 476
Category: Sentence
Parties: Regina (Crown)
Bernard Justin Spicer (Accused)
Representation:
Counsel:
C Maxwell QC (Crown)
N Steel (Accused)
Solicitors:
Director of Public Prosecutions (Crown)
George Smirilios (Accused)

File Number(s): 2011/410452
Publication restriction: Nil

REMARKS ON SENTENCE

HIS HONOUR: The deceased Katherine Foreman died at her home in the early hours of 27 October 2011, when the upstairs bedroom in which she was sleeping was set alight. The fire engulfed the home and the deceased was later found lying on the landing at the top of the stairs. It is not in dispute that petrol was poured inside the bedroom and ignited.
Bernard Justin Spicer was indicted upon a charge alleging that on 27 October 2011 at Corrimal in the State of New South Wales he did murder Katherine Foreman. A jury found Mr Spicer guilty of the murder of the deceased on 5 December 2014 following a trial in Sydney that commenced on 17 November 2014. A plea of guilty to an additional charge of break, enter and commit an indictable offence had earlier been rejected by the Crown.
The offence of murder carries a maximum penalty of life imprisonment. In the event that a determinate sentence is imposed, a standard non-parole period of 20 years applies. In proceeding to determine the appropriate sentence, I am not required to commence by considering whether there are reasons for not imposing the standard non-parole period. Similarly, I…

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 Spicer

Details

AGLC: R v Spicer [2015] NSWSC 519
Case: [2015] NSWSC 519
Decision Date: 15 May 2015

CaseChat Overview and Summary

In the case of R v Spicer, the appellant was convicted of murder following a trial. The appellant was a participant in a joint criminal enterprise that involved breaking into the home of the deceased and committing a serious crime. The appellant pleaded guilty to an alternative count of break, enter and commit an indictable offence, but this plea was rejected by the court. The court was required to determine the appropriate sentence for the appellant, taking into account various factors such as the appellant's prior criminal history, the nature and circumstances of the offence, and the need for general deterrence.

The court found that the appellant was not a person of good character and had a history of criminal behaviour. The court also found that the appellant showed no remorse for the crime and had perpetrated the crime with considerable planning. The court considered whether the crime was in the worst category of case and whether the appellant had been manipulated or influenced by a co-offender. The court ultimately found that the appellant had intended to kill the deceased and that the sentence should take into account the need for general deterrence.

The court sentenced the appellant to a term of imprisonment with a non-parole period of 25 years. The court found that the appellant's crime was of the utmost seriousness and that the sentence needed to reflect the gravity of the offence. The court also noted that the sentence needed to provide general deterrence to others who might be tempted to engage in similar criminal behaviour. The court emphasised the importance of ensuring that the sentence was proportionate to the crime and took into account all relevant factors.

No further orders were made by the court. The appellant's conviction and sentence were upheld, and the appeal was dismissed. The court found that the sentence was appropriate and reflected the seriousness of the crime, as well as the need for general deterrence. The court did not find any errors in the sentencing process and found that the sentence was proportionate to the crime and took into account all relevant factors.

Orders