R v Wood

Case [2018] NSWSC 1855 14 December 2018

No judgment structure available for this case.

Type to search within this case.

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: R v Wood [2018] NSWSC 1855
Hearing dates: 12 December 2018
Date of orders: 14 December 2018
Decision date: 14 December 2018
Jurisdiction: Common Law
Before: Bellew J
Decision:
(1) The offender is convicted of the murder of Sarah Brown.
(2) The offender is sentenced to imprisonment for a period of 25 years and 6 months commencing on 30 September 2017 and expiring on 29 March 2043.
(3) I specify a non-parole period of 19 years and 1 month imprisonment to expire on 29 October 2036.
(4) The total sentence is one of 25 years and 6 months imprisonment.
(5) The offender will be eligible for parole on 29 October 2036 and his sentence will expire on 29 March 2043.

Catchwords:
CRIMINAL LAW – Offences – Sentence – Murder – Where deceased was the partner of the offender – History of domestic violence – Offending aggravated by a series of factors including the offender’s record which included previous breaches of apprehended violence orders – Finding that the offender acted with an intention to kill the deceased – Necessity for sentence to incorporate considerations of both general deterrence and specific deterrence

CRIMINAL LAW – Offences – Sentence – Murder – Whether offender’s intoxication was an aggravating factor – Where the offender had a history of alcohol related offending including offending of a domestic violence nature – Where offender must have been aware of the connection between his consumption of alcohol and violence – Offender found to be reckless – Offending aggravated by intoxication
CRIMINAL LAW – Offences – Sentence – Murder – Whether the offending was aggravated by gratuitous cruelty perpetrated by the offender on the deceased – Evidence of widespread bruising to the deceased in addition to the stab wounds which caused her death – Where the offender admitted to the police that he had “choked out” the deceased and caused her to lose consciousness – Offending aggravated by gratuitous cruelty
Legislation Cited: Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure)1999 (NSW)
Criminal Code 1995 (Cth)
Criminal Procedure Act 1986 (NSW)
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Cases Cited: Abbas, Bodiotis Taleb and Amoun v R [2013] NSWCCA 115
Attorney-General’s Application under s 37 of the
Cherry v R [201] NSWCCA 150
Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Mendes v R [2012] NSWCCA 103
R v Coleman (1990) 47 A Crim R 306
R v Medich (No.43) [2018] NSWSC 886
R v Qutami [2001] NSWCCA 353
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2009] NSWCCA 309
RL v R [2018] NSWCCA 174
Stanford v R [2007] NSWCCA 73
Category: Sentence
Parties: Regina - Crown
Russell Brian Wood – Offender
Representation:
Counsel:
M Paish – Crown
A Webb - Offender
Solicitors:
Director of Public Prosecutions NSW – Crown
Legal Aid NSW – Offender

File…

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 Wood

Details

AGLC: R v Wood [2018] NSWSC 1855
Case: [2018] NSWSC 1855
Decision Date: 14 December 2018

CaseChat Overview and Summary

In the case of R v Wood, the appellant was convicted of murdering his partner, the deceased. The matter was heard in the High Court of Australia, where the primary issue was to determine the appropriate sentence for the offence. The court was required to consider various factors, including the history of domestic violence between the parties, the appellant's criminal record, and the nature of the offence itself.

The primary legal issues revolved around the severity of the offence and the appropriate sentencing considerations. The court had to determine whether the appellant's intoxication and history of alcohol-related offending, including domestic violence, should be considered aggravating factors. Additionally, the court examined whether the gratuitous cruelty exhibited by the appellant, such as choking the deceased, should be taken into account when determining the sentence.

The court found that the appellant's offending was aggravated by a series of factors, including his record of previous breaches of apprehended violence orders. The court held that the appellant acted with the intention to kill the deceased, and his intoxication and history of alcohol-related offending, including domestic violence, contributed to the gravity of the offence. The court also found that the gratuitous cruelty exhibited by the appellant, such as choking the deceased, further aggravated the offending. The sentence needed to incorporate considerations of both general deterrence and specific deterrence, taking into account the appellant's history of offending and the circumstances of the crime.

The High Court determined that the sentence should reflect the seriousness of the offence and the need for both general and specific deterrence. The final orders of the court were to be determined by the sentencing court, taking into account the factors outlined by the High Court.

Orders