Regina v DB - [2010] NSWSC 812

CITATION: Regina v DB [2010] NSWSC 812

HEARING DATE(S): 19, 20, 22/07/2010

JUDGMENT DATE :
22 July 2010

JUDGMENT OF: Barr AJ at 1

DECISION: For the wounding of Mrs S with intent to murder her I sentence you to imprisonment for a fixed term of 12 years. The sentence will be taken to have commenced on 4 May 2009 and will expire on 3 May 2021. I have declined to set a non-parole period because the latter part of the sentence will be subsumed by the sentence I shall next impose.
For the murder of Mr S and taking into account the assault of JS I sentence you to imprisonment. I set a non-parole period of 12 years which will commence on 4 May 2013 and expire on 3 May 2025 and a balance of term of 8 years expiring on 3 May 2033.
The first day on which you will become eligible for release to parole will be 3 May 2025.
I direct that until you attain the age of 21 years you serve your sentence as a juvenile offender.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 32

CATEGORY: Sentence

PARTIES: Regina, DB

FILE NUMBER(S): SC 2009/46440

COUNSEL: P Barnett SC - Crown
J Manuell SC - Offender

SOLICITORS: S Kavanagh - Crown
S O'Connor - Offender

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

BARR AJ

THURSDAY 22 JULY 2010

2009/46440 REGINA v DB
REMARKS ON SENTENCE

The offender, DB, pleaded guilty on arraignment in this Court to the following charges namely -

1. that on 4 May 2009 at Stockinbingal he murdered JVS, and

2. that at the same time and place he wounded TS with intent to murder her.

2 At the commencement of his sentence hearing the offender asked the Court to take into account under s 32 Crimes (Sentencing Procedure) Act 1999 when sentencing him on the first count that on 4 May 2009 at Stockinbingal he assaulted JS.

3 The facts upon which the offender is to be sentenced were agreed between the parties and a document was tendered, signed by the offender and setting them out. The account is as follows -

The offender was born on 22 February 1993. At the time of the offences he was 16. He had been the boyfriend of JS, the then 15 year old daughter of the deceased since June 2007. She terminated this relationship around the end of 2008, early 2009. It appears this coincided with her changing schools.

“after he got JP he would…

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 DB

Details

AGLC: Regina v DB [2010] NSWSC 812
Case: [2010] NSWSC 812
Decision Date: 22 July 2010

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the offender DB was sentenced for the murder of JVS and the wounding of TS with intent to murder her. The offender had pleaded guilty to the charges. The court considered various factors in determining the sentence, including the offender's age, character, and remorse. The court found that the offender had acted out of jealousy and a desire for control, and that the offences involved a degree of planning. The court also took into account the impact of the offences on the victims and their family. The court imposed a sentence of imprisonment, with a non-parole period of 12 years for the murder charge and a fixed term of 12 years for the wounding charge. The court also directed that the offender serve his sentence as a juvenile offender until he attains the age of 21 years.

Orders