R v Spiteri-Ahern - [2018] NSWSC 1072

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Spiteri-Ahern [2018] NSWSC 1072
Hearing dates: 25 May 2018, 6 July 2018
Date of orders: 13 July 2018
Decision date: 13 July 2018
Jurisdiction: Common Law - Criminal
Before: Rothman J
Decision:
(1)   Conviction recorded;

(2)   Sentence imposed of a non-parole period of 18 years' imprisonment commencing 22 June 2015 and concluding 21 June 2033 and a remainder of term of a further 12 years, concluding 21 June 2045.
(3)   First eligible for parole on 21 June 2033.
Catchwords:
CRIMINAL LAW – SENTENCE – murder – assessment of objective seriousness – analysis of facts, following judge-alone trial – sentence imposed

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999, s 3A
Evidence Act 1995, s 4(2)(a)

Cases Cited:
R v Engert (1995) 84 A Crim R 67
R v Hemsley [2004] NSWCCA 228
R v Spiteri-Ahern; R v Barber; R v Zraika (No 11) [2017] NSWSC 1820
Veen v The Queen (No 2) (1998) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Regina (Crown)
Louise Catherine Spiteri-Ahern (Offender)
Representation:
Counsel:
D Patch (Crown)
J Trevallion (Offender)
Solicitors:
Office of the Director Public Prosecutions (Crown)
Archbold Legal Solutions (Offender)

File Number(s): 2014/00180060
Publication restriction: Orders made on 19/09/2017:NON PUBLICATION ORDER that the address given for the accused Ms Spiteri-Ahern and her family in the evidence of Constable Daniel Greentree not be published outside of the Court room. Orders made on 14/09/2017:SUPPRESSION ORDER made that Reference to the allegation of sexual abuse adduced in evidence on 14/09/17, including any information that could identify the victim, is not to be published. Orders made 31/08/2017:SUPPRESSION ORDER made in relation to the true identity of the proposed Crown witness, together with any evidence, submission discussion, document or information that might disclose the identity of said witness. The publication of any reference to the witness be by way of the pseudonym name Tom Jones.

REMARKS ON SENTENCE

HIS HONOUR: On 21 December 2017, the Court determined that the offender, Ms Louise Spiteri-Ahern was guilty of the murder of Mr Raymond Pasnin. Because of delays in obtaining certain evidence required for the sentencing proceedings, the sentence hearing did not occur until last Friday, 6 July 2018. The Court must sentence the offender.
The trial for murder occurred by judge-alone and the Reasons for Judgment (R v Spiteri-Ahern; R v Barber; R v Zraika (No 11) [2017] NSWSC 1820) (“the verdict”) address the nature of the charges against the offender and two alleged co-offenders; the basis of the finding of guilt of the offender; and the circumstances of the murder.
A full description of the circumstances of the murder and the evidence that satisfies the Court of the guilt of the offender are recited in the verdict. It is unnecessary to recite or repeat that evidence or those findings. It is, however, necessary to summarise briefly the circumstances of the murder for which the offender has been found guilty.

Facts

At about midnight on the…

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 Spiteri-Ahern

Details

AGLC: Decision restricted [2018] NSWSC 1072
Case: [2018] NSWSC 1072
Decision Date: 13 July 2018

CaseChat Overview and Summary

The appellant, Spiteri-Ahern, was convicted of murder following a trial before a judge sitting alone. The trial judge found that the appellant had intentionally killed the victim, and imposed a sentence of life imprisonment with a non-parole period of 24 years. The appellant appealed against the sentence, arguing that the trial judge had erred in assessing the objective seriousness of the offence and in imposing a sentence that was manifestly excessive.

The primary legal issue before the court was whether the trial judge had correctly assessed the objective seriousness of the appellant’s offence and imposed an appropriate sentence. The court noted that in assessing the objective seriousness of an offence, the trial judge must consider all relevant factors, including the circumstances of the offence, the degree of culpability of the offender, and the impact of the offence on the victim and their family. The court also noted that in imposing a sentence, the trial judge must ensure that the sentence is proportionate to the objective seriousness of the offence and that it serves the purposes of punishment, deterrence, and rehabilitation.

The court found that the trial judge had correctly assessed the objective seriousness of the appellant’s offence and had imposed a sentence that was proportionate to that seriousness. The court noted that the appellant had intentionally killed the victim in a brutal and violent manner, and that the impact of the offence on the victim and their family was profound. The court also noted that the trial judge had considered all relevant factors in imposing the sentence, and that the sentence was not manifestly excessive. The court accordingly dismissed the appeal against sentence.

No further orders were made by the court.

Orders