R v Walsh

Case [2009] NSWSC 764


CITATION: R v John WALSH [2009] NSWSC 764
HEARING DATE(S): 10 July 2009
 
JUDGMENT DATE : 

7 August 2009
JURISDICTION: Common Law
JUDGMENT OF: McCallum J
DECISION: For the murder of JH the offender is convicted and sentenced to imprisonment for life. For the murder of KH the offender is convicted and sentenced to imprisonment for life. For the offence of causing grievous bodily harm to SW with intent to murder SW, the offender is convicted and sentenced to imprisonment with a non-parole period of 12 years commencing on 30 June 2008 and expiring on 29 June 2020 and a balance of term of 4 years. For the murder of JW, the offender is convicted and sentenced to imprisonment with a non-parole period of 15 years commencing on 30 June 2011 and expiring on 29 June 2026 and a balance of term of 5 years.
CATCHWORDS: CRIMINAL LAW- particular offences – murder – attempted murder - offender pleaded guilty to three counts murder and one count attempted murder – sentence – domestic killing – husband murdered wife – grandfather murdered his two young grandchildren – father attempted to murder daughter – whether worst case category – whether life sentence warranted – offences remain unexplained – whether objective criminality tempered by absence of certain features – comparison with other cases unhelpful – offender’s extreme culpability not mitigated by any subjective circumstances of the offender – life sentences imposed
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CATEGORY: Sentence
CASES CITED: Gonzales v R [2007] NSWCCA 321; (2007) 178 A Crim R 232
Holyoak (1995) 82 A Crim R 502
R v Alexander [1999] NSWSC 413; (1999) 107 A Crim R 449
R v De Gruchy [2000] NSWCCA 51; (2000) 110 A Crim R 271
R v Helmsley [2004] NSWCCA 228
R v Jang [1999] NSWSC 1153
R v Kalajzich (1997) 94 A Crim R 41
R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557
R v Mitchell and Gallagher [2007] NSWCCA 296; (2007) 177 A Crim R 94
R v Previtera (1997) 94 A Crim R 76
R v Thawer [2009] NSWCCA 158
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v Velevski (Supreme Court of New South Wales, 26 September 1997, unreported)
R v Way [2004] NSWCCA 131; 60 NSWLR 168
PARTIES: REGINA (Crown)
John WALSH (Offender)
FILE NUMBER(S): SC 2009/4014
COUNSEL: P Barnett SC (Crown)
P Boulten SC (Offender)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Crown)
S O'Connor (Legal Aid Commission) (Offender)
- 15 -

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      McCALLUM J

      FRIDAY 7 AUGUST 2009

      2009/4014 R v John WALSH

      REMARKS ON SENTENCE

1 HER HONOUR: On 10 July 2009 John Walsh pleaded guilty to the murders of his wife and his two grandchildren and to causing grievous bodily harm to his daughter with intent to murder her.

2 There is a non-publication order…

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AGLC
R v Walsh [2009] NSWSC 764
Case
[2009] NSWSC 764
Decision Date

CaseChat Overview and Summary

The case of R v Walsh involved an individual who had pleaded guilty to three counts of murder and one count of attempted murder. The victims were the offender's wife, his two young grandchildren, and his daughter. The case was heard in the court of criminal jurisdiction, where the primary focus was on determining an appropriate sentence for the offender's crimes. The nature of the dispute centred on the severity of the crimes and the appropriate sentence that should be imposed.

The legal issues before the court involved determining the appropriate sentence for the offender's crimes, considering the gravity of the offences, the circumstances surrounding them, and the offender's culpability. The court was required to consider whether the offences were in the worst-case category and whether a life sentence was warranted. The court also had to consider whether the objective criminality of the offences was tempered by any subjective circumstances of the offender, and whether a comparison with other cases was helpful in determining the appropriate sentence.

The court found that the offences were in the worst-case category, and that a life sentence was warranted. The court found that the offences remained unexplained and that the offender's extreme culpability was not mitigated by any subjective circumstances of the offender. The court also found that a comparison with other cases was unhelpful in determining the appropriate sentence. The court ultimately imposed life sentences on the offender for the three counts of murder and a significant sentence for the attempted murder charge.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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