| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 0154 of 2012
| THE QUEEN |
| v |
| MICHAEL TERRENCE KELLY |
---
JUDGE: | OSBORN JA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20-21 March 2013 | |
DATE OF SENTENCE: | 27 March 2013 | |
CASE MAY BE CITED AS: | The Queen v Kelly | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 144 | |
---
CRIMINAL LAW – Sentence – Murder – Reckless conduct endangering life – Basis of charge of murder – Constructive intent – Aggravating circumstances of reckless conduct – Aggravating circumstances of murder – Range of culpability in respect of statutory murder – Victim impact statements – Personal circumstances – Medical condition of prisoner – Psychological condition of prisoner – General and specific deterrence – Gravity of offence – Crimes Act 1958 s 3A.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D Brown | Office of Public Prosecutions |
| For the Accused | Mr D Dann | Leanne Warren & Associates |
HIS HONOUR:
Michael Terrence Kelly, you have pleaded guilty to one charge of murder and one charge of reckless conduct endangering life.
At the time of the offences you lived at Apsley in the Wimmera close to the South Australian border together with your wife and five children. You had a close friend, David Etherton, who died suddenly following an epileptic seizure on 10 January 2012. After Etherton’s death you became extremely depressed.
On 27 January 2012 you were told by one of your sons that one Peter Brown was removing items from Etherton’s house and putting them on a trailer. You notified police and then, with one of your sons, drove to Goroke where Brown lived with the intention of confronting him (and, as you told your wife, of giving him the hiding of his life). Brown was not seen by you at his home when you arrived there but you observed a 45 kilogram gas bottle which you believed had belonged to Etherton.
Later that day Brown was interviewed by police about alleged theft from Etherton’s house. On 7 February 2012 police interviewed Brown with respect to the alleged theft of the gas bottle. The fact of this interview became common knowledge within the Apsley community.
On 11 February 2012 Brown and his fiancée Julie-Anne Trenery-Rogers drove to South Australia to visit friends. On the way home they called in at a friend’s home in Apsley. It appears that someone notified police that Brown had again visited Etherton’s house. Police went to the premises at which Brown and his de facto were visiting and found no offences had been committed. As they were leaving the property your wife and two of your sons arrived. The police told your wife and sons that Brown had done nothing wrong and they should get back into their car and go home. It seems Brown was aware that one of your sons had been present when you and he staked out Brown’s house. Brown abused members of your family, yelling out, ‘Fucking cunts’ and ‘I’m going to kill someone,…
Continue reading The Queen v Kelly
Sign in free to access the full text
- AGLC
- The Queen v Kelly [2013] VSC 144
- Case
- [2013] VSC 144
- Decision Date
CaseChat Overview and Summary
The court examined the elements of the crime and the relevant sections of the Crimes Act 1958, specifically section 3A, to assess the appropriate sentence. The court considered the nature of the offence, which involved reckless conduct leading to the death of the victim, and whether the charge of murder was justified based on the concept of constructive intent. The court also evaluated the aggravating circumstances of the offence, including the reckless conduct and the manner in which the crime was committed. Furthermore, the court assessed the range of culpability in respect of statutory murder, taking into account the personal circumstances of the offender, his medical and psychological conditions, and the impact of victim impact statements.
In determining the sentence, the court weighed the various factors, including the gravity of the offence, the principles of general and specific deterrence, and the personal circumstances of the offender. The court considered the medical and psychological conditions of Kelly, as well as the impact of the crime on the victim and their family. Ultimately, the court decided on an appropriate sentence that balanced the need for punishment, deterrence, and rehabilitation. The court also took into account the statutory provisions and relevant case law in reaching its decision.
The final orders of the court included the imposition of a sentence on Kelly, reflecting the gravity of the offence and the circumstances surrounding it. The court ordered that Kelly be sentenced to a term of imprisonment with a non-parole period, taking into account the principles of general and specific deterrence, the gravity of the offence, and the personal circumstances of the offender. The court also considered the impact of victim impact statements and the need for rehabilitation in determining the appropriate sentence. The final orders of the court aimed to provide justice for the victim and their family, while also addressing the personal circumstances of the offender.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.