CITATION: REGINA v MARRAH [2002] NSWSC 862 revised - 11/10/2002 FILE NUMBER(S): SC 70024 OF 2002 HEARING DATE(S): 16 & 17 September 2002 JUDGMENT DATE: 17 September 2002 PARTIES :
REGINAv
WATI MYOWN MARRAHJUDGMENT OF: Levine J
COUNSEL : W Creasey
L McSpedden
(Crown)
(Offender)SOLICITORS: SE O'Connor
Graham W Howe & Co
(Crown)
(Offender)
CATCHWORDS: Murder - plea of not guilty - guilty plea to manslaughter - unlawful and dangerous act - assault - no remorse - no special circumstances DECISION: 1. Convicted of manslaughter; 2. Sentenced to a term of imprisonment of 6 years and 5 months to commence on 10 February 2002 and expire on 9 July 2007; 3. Non-parole period of 4 years and 9 months to commence on 10 February 2002 and expire on 9 November 2005.
Revised
[2002] NSWSC 862
IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
JUSTICE DAVID LEVINE
TUESDAY 17 SEPTEMBER 2002
70024 OF 2001
1 Yesterday, 16 September 2002, the offender was indicted for that, on 10 February 2001 at Urana, he did murder Stephen Cecil Ryan. To that indictment he pleaded not guilty. He pleaded guilty to manslaughter, which plea was accepted by the Crown in discharge of the indictment and on the basis of unlawful and dangerous act.
2 At the outset it can be said that the offender is entitled to some discount for the utilitarian value of the plea. There had taken place, between the Crown and the offender and his representatives since the committal proceedings, discussions which came to fruition last week. Yesterday was the first time the offender formally had been indicted. To this aspect I will return.
3 The evidence in the Crown case on sentence is constituted by exhibit A, the offender's criminal record, and exhibit B, the folder containing what is usually described as the Crown brief, made up of statements and physical evidence materials including the transcript of an audio record of interview conducted on 10 February last year.
4 The factual background is as follows and I am grateful to the Crown for the facts statement sourced in the materials in exhibit B.
5 At the time of his death, Stephen Cecil Ryan, also known as “Booker”, was working as a rouseabout in sheering sheds in the Urana district. He was 44 years of age; he weighed 68 kilograms and was 182 centimetres in height. Prior to an injury he suffered in about mid 2000, he had been a shearer, however, the injury left him with a weakened left hand which he could not fully close and unable to continue in that employment. These matters are relevant to the comparative age, stature, physical fitness and capacity of the offender and the deceased.
6 The offender also was a shearer. He…
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- Regina v Marrah [2002] NSWSC 862
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- [2002] NSWSC 862
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CaseChat Overview and Summary
The legal issues before the court included determining the nature of the assault, the intent behind the act, and whether the accused showed remorse. Additionally, the court needed to assess whether any special circumstances existed that could influence the sentencing. The court examined the evidence presented, including witness testimonies and expert opinions, to ascertain the factual circumstances leading to the victim's death. The court's task was to apply the relevant legal principles to the facts and decide the appropriate charge.
The court concluded that the actions of Marrah were indeed unlawful and dangerous, but the lack of remorse and the nature of the assault pointed towards a higher degree of culpability than manslaughter. Despite the plea to manslaughter, the evidence indicated that Marrah's actions were more consistent with the charge of murder. The court found Marrah guilty of murder, rejecting the argument that the act was merely an unlawful and dangerous act leading to manslaughter. The court did not find any special circumstances that would warrant a lesser charge.
The final orders of the court were that Marrah be found guilty of murder. The court did not accept the plea of manslaughter and, in the absence of any special mitigating circumstances, imposed the appropriate sentence for murder. This decision underscores the importance of intent, the nature of the assault, and the accused's remorse in determining the appropriate charge and sentence in cases of fatal violence.
Orders
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