R v Thompson

Case [2008] NSWSC 109


CITATION: R v Thompson [2008] NSWSC 109
HEARING DATE(S): 08/11/2007, 12/11/2007, 14/11/2007, 08/02/2008
 
JUDGMENT DATE : 

14 March 2008
JUDGMENT OF: Hoeben J
DECISION: Sentenced to a non-parole period of 15 years to commence on 28 February 2006 and to expire on 27 February 2021 with a balance of term of 5 years to expire on 27 February 2026, that is a total sentence of 20 years. The earliest date eligible for release on parole 28 February 2021.
CATCHWORDS: CRIMINAL LAW - sentence for murder - murder of partner after night of drinking - application of standard non-parole period - aggravating and mitigating factors.
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CATEGORY: Sentence
CASES CITED: Channon v The Queen (1978) 33 FLR 433
R v AJP (2004) 150 A Crim R 575 at [122]
R v Berg [2004] NSWCCA 300 at [43]
R v Engert (1995) 84 A Crim R 67
R v Hearne (2001) 124 A Crim R 451 at [34]
R v King [2004] NSWCCA 444 at [171]
R v Previtera (1977) 94 A Crim R 76
R v Robinson [2007] NSWSC 460
R v Simpson (2001) 53 NSWLR 704
R v Thomson & Houlton [(2000) 49 NSWLR 383
R v Vu [2005] NSWSC 271
R v Way [2004] 60 NSWLR 168
R v White [2005] NSWSC 667
PARTIES: Regina
John Frederick Thompson - Offender
FILE NUMBER(S): SC 342/2007
COUNSEL: Mr Paul Lynch - Crown
Ms Anita Betts - Offender
SOLICITORS: Solicitor for Public Prosecutions - Crown
Solicitor for Legal Aid Commission of NSW - Offender

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      HOEBEN J

      Friday, 14 March 2008

      342/2007 - REGINA v John Frederick THOMPSON

      REMARKS ON SENTENCE

1 HIS HONOUR: John Frederick Thompson (hereinafter called “the offender”) pleaded guilty to the offence that on 28 January 2006 at Airds in the State of New South Wales he did murder Fallon Baker contrary to s 18 of the Crimes Act 1900.

2 The offender advised the Court on 8 November 2007 that he intended to plead guilty to the charge on the basis that his intention at the time was to inflict grievous bodily harm on the deceased. The Crown advised the Court that it accepted the offender’s plea on that basis. His trial was due to commence on 12 November 2007 and his plea of guilty was formally entered on that day.

3 It is now my responsibility to sentence the offender for that crime, having heard submissions on sentence from both the Crown and Ms Betts, counsel for the offender, on 14 November 2007 and 8 February 2008.


      Background facts

4 At the time of the offence the deceased (aged 18) and the offender (aged 22) lived together at 20 Dangar Way, Airds. They had been in a de facto relationship for about three years. They had one child from the relationship, Dylan, who was 19 months old.

5 There was a history of domestic discord in…

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R v Thompson [2008] NSWSC 109
Case
[2008] NSWSC 109
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CaseChat Overview and Summary

The case of R v Thompson involved the appellant, Thompson, who was convicted of the murder of his partner following a night of heavy drinking. The appeal centred on the sentence imposed by the trial judge. The matter was heard in the Court of Appeal, which was tasked with determining whether the sentence was appropriate in light of the circumstances surrounding the offence.

The central legal issues before the court were whether the sentence imposed by the trial judge was excessive or inadequate, and whether the court had appropriately balanced the aggravating and mitigating factors in sentencing. The court was required to consider whether the trial judge had correctly applied the principles governing the imposition of a non-parole period and whether the sentence reflected the seriousness of the crime and the culpability of the offender.

The Court of Appeal found that the trial judge had correctly assessed the aggravating and mitigating factors in arriving at the sentence. The court acknowledged that the offence involved a premeditated act of violence against a vulnerable person and that there was a history of domestic violence. However, it also recognised that Thompson had shown remorse and had cooperated with authorities since his arrest. The court held that the sentence imposed was neither excessive nor inadequate, and that it appropriately reflected the gravity of the offence. Consequently, the appeal was dismissed.

No further orders were made by the court.

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