Regina v Adamson - [2001] NSWSC 499

CITATION: Regina v Adamson [2001] NSWSC 499

FILE NUMBER(S): SC 070051/01

HEARING DATE(S): 9-12 April 2001, 17-18 April 2001, 17-18 May 2001

JUDGMENT DATE:
1 June 2001

PARTIES :

Regina v Gerald Jon Adamson

JUDGMENT OF: Howie J at 1

COUNSEL : B. Newport QC - Crown
P. Zahra SC - Accused

SOLICITORS: S.E. O'Conor - Crown
Nikola Velcic & Associates - Accused

LEGISLATION CITED: Crimes (Sentencing) Procedure Act 1999 - s 44

CASES CITED: Bugmy v the Queen (1990) 169 CLR 525
Pearce v The Queen (1998) 194 CLR 610

DECISION: In respect of each of the aggravated sexual assault offences the prisoner is sentenced to 8 years imprisonment to commence on 7 January 2000 and expire on 6 January 2008. In respect of the manslaughter offence he is sentrenced to 11 years imprisonment to commence on 7 January 2003 with a non-parole period of 7 1/2 years to commence on the same date. That is a total sentence of 14 years with a non-parole period of 10 1/2 years. The non-parole period is to expire on 6 July 2010 the date upon which the prisoner will be eligible for release to parole.

THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

HOWIE J

FRIDAY 1 JUNE 2001

070051/00 REGINA v GERALD JON ADAMSON

SENTENCE

1 HIS HONOUR: On 9 April 2001 the prisoner was arraigned before me on an indictment containing one count of murder and two counts of aggravated sexual intercourse without consent. Each of the charges related to the same victim, Lisa Michelle King. The sexual assault offences were alleged to have occurred on 31 October 1999 and the murder on 1 November 1999. The prisoner pleaded not guilty to each count.

2 Before a jury was empanelled to hear the trial of the prisoner on this indictment, the parties requested that I hold a voir dire hearing to determine the admissibility of what was in effect three recorded interviews between the prisoner and investigating police officers. There were two ERISPs and what is described as a “walk-around” at the scene where it was alleged that the incidents giving rise to the charges took place. I granted the application and the voir dire hearing took place over the next five days during which evidence was called from the investigating police and the prisoner.

3 On the sixth day of the hearing of the voir dire, that is 18 April 2001, during the Crown’s cross-examination of the prisoner, Mr Zahra SC, who appears for the prisoner, asked to have the prisoner re-arraigned. The prisoner then pleaded not guilty to murder but guilty to manslaughter in respect of the first count on the indictment and guilty to both the second and third counts. The Crown accepted the plea to manslaughter in full satisfaction of the first count on the indictment. In those circumstances I was not required to determine the admissibility of the evidence that had been the subject of objection. The Crown tendered that material in…

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 Regina v Adamson

Details

AGLC: Regina v Adamson [2001] NSWSC 499
Case: [2001] NSWSC 499
Decision Date: 1 June 2001

CaseChat Overview and Summary

In Regina v Adamson, the prisoner, Gerald Jon Adamson, was found guilty of two counts of aggravated sexual assault without consent and one count of manslaughter. The Supreme Court of New South Wales presided over the case, with Howie J delivering the judgment. The court was required to determine the appropriate sentences for the prisoner's crimes while taking into consideration his age, character, and the circumstances surrounding the offenses.

The court held that the prisoner's actions were both unlawful and dangerous, as he had sexual intercourse with the deceased while knowing or being reckless as to whether she was consenting. The court also found that the prisoner had intentionally suffocated the deceased by placing his hand over her mouth and nose during the sexual assault. These findings led to the conclusion that the prisoner's culpability for the offenses was significant, and a substantial punishment was necessary.

Considering the prisoner's age, character, and lack of prior criminal history, the court imposed a total sentence of 14 years imprisonment, with a non-parole period of 10½ years. The court took into account the late plea of guilty, some evidence of contrition, and the prisoner's background in arriving at the sentence. The court emphasized the importance of denunciation and deterrence in sentencing the prisoner, while also considering the need to provide the prisoner with an opportunity for reform.

In summary, the Supreme Court of New South Wales found Gerald Jon Adamson guilty of two counts of aggravated sexual assault without consent and one count of manslaughter. The court imposed a total sentence of 14 years imprisonment, with a non-parole period of 10½ years, taking into account the prisoner's age, character, and the circumstances of the offenses.

Orders