CITATION: Regina v J W S Rose [2002] NSWSC 26 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S): SC 70032/01 HEARING DATE(S): 14/09/01
19/09/01
02/10/01-04/10/01
08/10/01-11/10/01
15/10/01-19/10/01
22/10/01-25/10/01
29/10/01-01/11/01
05/11/01-09/11/01
12/11/01-16/11/01
20/12/01JUDGMENT DATE: 22 February 2002 PARTIES :
Regina
Jeffrey William Spencer RoseJUDGMENT OF: Kirby J
COUNSEL : C Maxwell QC (Crown)
J Stratton (Acc)SOLICITORS: S E O'Connor (Crown)
D J Humphries (Acc)CATCHWORDS: Criminal Law - Sentence - Relevance of advanced age of offender and delay in prosecution LEGISLATION CITED: Crimes (Sentencing Procedure) Act, 1999 CASES CITED: Savaas v The Queen (1995) 183 CLR 1
R v Storey (1997) 89 A Crim R 519
Olbrich v The Queen (1999) 199 CLR 270
Longman v The Queen (1989) 168 CLR 79
R v Previtera (1997) 94 A Crim R 76
Holyoak (1995) 82 A Crim R 502
Regina v V (CCA, 24.2.98, unreported)
R v Todd (1982) 2 NSWLR 517DECISION: Sentence - ref para 38
IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
Kirby J
Friday 22 February 2002
70032/01 - REGINA v Jeffrey William Spencer ROSE
JUDGMENT ON SENTENCE
: On 16 November 2001, a jury found Mr Jeffrey Rose guilty of the murder of his wife, Kristine Anne Rose. It remains for me to now pass sentence. In order to do so, I must determine the facts relevant to the sentencing discretion in a manner consistent with the jury verdict (Savaas v The Queen (1995) 183 CLR 1). Where facts are adverse they must be established beyond reasonable doubt. Where they favour Mr Rose, it is enough that they should be proved on the balance of probabilities (R v Storey (1997) 89 A Crim R 519; Olbrich v The Queen (1999) 199 CLR 270).
The Relationship Between Mr Rose and the Deceased
2 Mr Rose was born on 9 January 1945. His wife, Kristine, was born on 31 October 1950. They married at Coffs Harbour in November 1977. The deceased was last seen on Friday 30 April 1982. Her body was discovered in a remote location approximately six kilometres from Armidale on 23 May 1982. At the time of these events, therefore, the deceased was 31 years old. Mr Rose was 37. Mr Rose is now aged 57 years.
3 There was a good deal of evidence at the trial concerning the relationship between Mr Rose and his wife, including evidence from Mr Rose. The Crown suggested that this evidence demonstrated a history of physical abuse before the murder. According to the Crown, it was, therefore, a circumstance of aggravation.
4 There certainly was evidence, which I accept, that Mr Rose was possessive. He was someone who sought to exert control over his wife. I also accept that Mr Rose abused alcohol and that, when affected by alcohol, he could be verbally abusive.
5 However, I am not able to accept beyond reasonable doubt that Mr Rose physically abused his wife. Indeed, I think it likely that he did not…
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- Case
- [2002] NSWSC 26
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the relevance of the defendant's age and the delay in prosecution in the sentencing process. Specifically, the court had to assess whether these factors could be considered as mitigating circumstances and, if so, to what extent they should influence the severity of the sentence. The court also needed to consider whether the delay had prejudiced the defendant's right to a fair trial.
In its judgment, the court recognised that both the advanced age of the defendant and the delay in prosecution were significant factors to consider in sentencing. The court found that the delay had indeed prejudiced the defendant's ability to effectively prepare his defence, thus warranting some mitigation. However, the court also noted that the nature of the offence, being an indecent assault, carried a serious societal impact and required a sentence that reflected the gravity of the crime. After weighing all the relevant factors, the court decided to impose a sentence that, while acknowledging the mitigating circumstances, also ensured that the punishment was commensurate with the seriousness of the offence.
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