The Queen v Gwilliams

[2013] QSC 27

SUPREME COURT OF QUEENSLAND

CITATION:

The Queen v Gwilliams [2013] QSC 27

PARTIES:

THE QUEEN

V

ALWYN GWILLIAMS

FILE NO/S:

SC No 72 of 13

DIVISION:

Trial

PROCEEDING:

Sentence

ORIGINATING COURT:

Brisbane

DELIVERED ON:

22 February 2013

DELIVERED AT:

Brisbane

HEARING DATE:

30 January 2013

JUDGE:

Byrne SJA

ORDER:

1. On count 1 the defendant is sentenced to 10 years imprisonment.

2. Pursuant to s 161B of the Penalties and Sentences Act 1992, it is declared that the conviction for unlawful killing is a conviction of a serious violent offence.

3. Pursuant to s 159A of the Penalties and Sentences Act 1992, it is declared that the 1,035 days spent in pre-sentence custody from 17 February 2010 to 18 December 2012 is imprisonment already served under the sentence.

4. On count 2 the conviction is recorded but the defendant is not further punished.

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MANSLAUGHTER – SENTENCE – SENTENCING ORDERS – CUSTODIAL ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – SERIOUS OR VIOLENT OFFENDER - The defendant pleaded not guilty to one count of murder but guilty to manslaughter and one count of interfering with a corpse – the defendant was in a relationship with the deceased - where it was not known how the defendant unlawfully killed the deceased – where there was no remorse - the defendant was sentenced to 10 years imprisonment on count 1 with a conviction of a serious violent offence– on count 2 a conviction was recorded but the defendant was not further punished.

Penalties and Sentences Act 1992 (Qld), s 159A, s 161B

R v Baggott [2000] QCA 153

R v Davy [2010] QCA 118

R v Derks [2011] QCA 295

R v Huebner [2006] QCA 406

COUNSEL:

V A Loury for the Crown.

S R Lewis for the Defendant.

SOLICITORS:

Director of Public Prosecutions (Queensland).

Ide Lawyers for the Defendant.

1. On his pleas of guilty, Alwyn Gwilliams is to be sentenced for two offences: that, on or about 21 October 2009, he unlawfully killed Dulcie Birt; and that he improperly interfered with her dead body.

1. Mr Gwilliams was 40 years old in October 2009.  Ms Birt was 31.

1. Mr Gwilliams lived at Bundamba in a defacto relationship.  He was also involved in a sexual relationship with Ms Birt, who lived at Old Ipswich Road, Riverview with her 16 year old son, Shaun, and a boarder, Mr Gill.

1. Across the street from Ms Birt’s house was a large area of bushland.  Trail bike enthusiasts and 4WD drivers used the area for recreation.

1. On the night of Wednesday, 21 October 2009, Ms Birt was at her home.  Mr Gwilliams was there too.  During the night, they argued.  He told her that her drug dealer had called him and asked her “How would you like me to cut your head off and let the blood drip all over his doorstep?”.  At another time, he…