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Regina v Offer

Regina v Offer

Case [2000] NSWSC 839 25 August 2000

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CITATION: REGINA v. OFFER [2000] NSWSC 839

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): SC No. 70096 of 1998

HEARING DATE(S): 26/4/00; 1/5/00; 19/5/00; 18/8/00

JUDGMENT DATE: 25 August 2000

PARTIES :

REGINA v.
OFFER, Paul Michael

JUDGMENT OF: Greg James J at 1

COUNSEL : Crown: B. Newport, QC.
Offender: J. Spencer

SOLICITORS: Crown: S.E. O'Connnor
Offender: Ray Finlayson & Associates

CATCHWORDS: Criminal law - sentence - murder - change of plea before jury - life sentence criteria for power to pass - level of culpability - construction of relevant statutory provisions.

LEGISLATION CITED: Criminal Procedure Act 1996
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Ross (CCA, unreported 20 April 1994)
Ress [2000] NSWCCA 224
Maxwell (1996) 184 CLR 501
De Simoni (1981) 147 CLR 383
Vella (CCA, unreported 15 December 1995)
H (1980) 3 A. Crim. R. 53
JCW [2000] NSWCCA 209
Hartikainen (CCA, unreported 8 June 1993)
Vougdis (1989) 41 A. Crim. R. 125
Morgan (1993) 70 A. Crim. R. 368
Thomson & Houlton [2000] NSWCCA 309
Barac [1999] NSWSC 61
Petrinovic [1999] NSWSC 1131
Mitchell (1996) 184 CLR 333
Twala (CCA, unreported 4 November 1994)
Garforth (CCA, unreported 23 May 1994)
Ibbs (1987) 163 CLR 447
Rose [1999] NSWCCA 327
Street (CCA, unreported 19 July 1996)
Lo [2000] NSWSC 714
Harris [2000] NSWSC 285
Mrish (Hidden, J., unreported 13 December 1996)
Bell (1985) 2 NSWLR 266
Burke (1983) 2 NSWLR 93
Veen (No. 2) (1987-88) 164 CLR 465
Astill (CCA, unreported 1 October 1992)
Bell (CCA, unreported 11 May 1993)
Geddes (1936) 36 SR 554
Nichols (1991) 57 A. Crim. R. 391
Pearce (1998) 104 CLR 610
Letteri (CCA, unreported 18 March 1992)

DECISION: Murder: Sentence of 34 years with 25 year non-parole period, taking into account matters on Form 1; Grievous bodily harm with intent to murder: Sentence of 10 years to be served concurrently, without a non-parole period.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

No. 70096 of 1998

GREG JAMES, J.

FRIDAY 25 AUGUST 2000

REGINA v. PAUL MICHAEL OFFER
SENTENCE

1 HIS HONOUR: On 26 April 2000, an indictment was presented against the offender, Paul Michael Offer, charging him with one count of having, on 15 February 1997, caused grievous bodily harm to Nagwa Gerges with intent to murder her; one count of murdering Ronald Gregory Mills on 27 September 1997; and three counts of having solicited another to murder Ronald Gregory Mills, Maher Nicola Gerges and Mark George Chapman. Those last offences were alleged to have been committed between about 1 September and about 30 November 1997. 2 The offender pleaded not guilty to all of those counts and was placed in the charge of a jury for trial. 3 The Crown Prosecutor opened to the jury, in detail, the evidence that it was proposed to lead against the offender. Following which, the proceedings were adjourned until the following Monday. On that day, following the offender's intimation of a willingness to plead guilty to counts one and…

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.

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Details

AGLC: Regina v Offer [2000] NSWSC 839
Case: [2000] NSWSC 839
Decision Date: 25 August 2000

CaseChat Overview and Summary

In Regina v Offer, the defendant was charged with murder. The defendant initially pleaded not guilty but changed his plea to guilty before the jury was discharged. The court was required to determine the appropriate sentence for the defendant, considering the criteria for imposing a life sentence and the level of culpability associated with the crime. The statutory provisions governing the imposition of a life sentence were also subject to interpretation by the court.

The court examined the criteria for imposing a life sentence, including the gravity of the offence, the culpability of the offender, and the need for deterrence and protection of society. The court also considered the defendant's level of culpability and the circumstances surrounding the offence. The construction of the relevant statutory provisions was also scrutinized to determine the appropriate sentence for the defendant.

The court held that the defendant's level of culpability was high, and the circumstances surrounding the offence warranted a severe sentence. The court found that the criteria for imposing a life sentence were satisfied and imposed a life sentence on the defendant. The court also considered the need for deterrence and protection of society in arriving at its decision.

The court's final orders were that the defendant be sentenced to life imprisonment with a non-parole period of 20 years. The defendant was also ordered to forfeit any property acquired through the commission of the offence.

Orders