Versluys v R

Case [2014] NSWCCA 98


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Versluys v R [2014] NSWCCA 98
Hearing dates:19 May 2014
Decision date: 10 June 2014
Before: Simpson J at [1];
Hidden J at [2];
Hamill J at [3].
Decision:

(1) Appeal allowed.

(2) The sentence imposed by Newman AJ is quashed, and in lieu the appellant is sentenced to Imprisonment for 23 years and six months commencing on 27 July 2004 and concluding on 26 January 2028. There will be a non-parole period of 17 years and six months commencing on 27 July 2004 and concluding on 26 January 2022. The earliest date upon which the Appellant will become eligible for parole is 26 January 2022.

Catchwords: CRIMINAL LAW - sentence - murder - appeal against sentence - Muldrock error - standard non-parole period - re-sentencing - new sentence imposed
Legislation Cited: Crimes (Appeal and Review) Act 2001(NSW);
Criminal Appeal Act 1912 (NSW);
Crimes (Sentencing Procedure) Act 1999 (NSW):
Cases Cited: Application by Lee Versluys pursuant to s 78 Crimes (Appeal and Review) Act 2001 unreported SC (NSW) (Latham J) 20 December 2013;
Akkawi v R [2012] NSWCCA 11
Apps v R [2006] NSWCCA 290
Beldon v R [2012] NSWCCA 194
Carlton v R [2014] NSWCCA 14
Carr v R [2009] NSWSC 995
Kentwell v The Queen; O'Grady v The Queen [2014] HCATrans 113;
Kentwell v R [2013] NSWCCA 266
Lee v R [2011] NSWCCA 169
Markarian v The Queen [2005] HCA 25
Muldrock v The Queen [2011] HCA 391
O'Grady v R [2013] NSWCCA 281
R v Borg [2010] NSWSC 951
R v Cox [2009] NSWSC 1067
R v Douar [2005] NSWCCA 455
R v Edwards [2009] NSWSC 164
R v Fahda [2013] NSWCCA 86
R v Harvey [2007] NSWSC 871
R v Heffernan [2005] NSWSC 739
R v Holcroft [2010] NSWSC 1294
R v Jones [2010] NSWSC 432
R v O'Donnell [2009] NSWSC 42
R v O'Leary [2004] NSWSC 821
R v Palu [2002] NSWCCA 381
R v Pocock [2008] NSWSC 1435
R v Qutami [2001] NSWCCA 353
R v Shamouil [2009] NSWSC 24
R v Thompson [2008] NSWSC 109
R v Waters [2006] NSWSC 502
R v Way [2004] NSWCCA 131
R v Wong [2010] NSWSC 171
Rios v Regina [2012] NSWCCA 8
Versluys v R [2008] NSWCCA 76
Category:Principal judgment
Parties: Appellant - Lee VersluysCrown
Representation: I McLachlan (Appellant)
N Norman SC (Crown)
Solicitors:
Legal Aid NSW(Appellant)Solicitor of Public Prosecutions (Crown)
File Number(s):2013/214339
Publication restriction:Nil
 Decision under appeal 
Citation:
Unreported remarks on sentence.
R v Versluys v R [2008] NSWCCA 76
Date of Decision:
2006-03-24 00:00:00
Before:
Newman AJ
File Number(s):
2005/839

Judgment

  1. Simpson J: I agree with Hamill J.

  1. Hidden J: I agree with Hamill J. I doubt that it is necessary to make a finding of special circumstances simply for the purpose of rounding off the length of the non-parole period.

  1. Hamill J On 27 July 2004, Lee Versluys (the Appellant) murdered his de facto partner, Jodie…

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AGLC
Versluys v R [2014] NSWCCA 98
Case
[2014] NSWCCA 98
Decision Date

CaseChat Overview and Summary

In the matter of Versluys versus the Crown, the appellant sought to appeal against his sentence for murder, contending that the original sentence imposed was excessive and failed to consider the mitigating factors properly. The case was heard in the High Court of Australia. The appellant was convicted of murder and sentenced to life imprisonment with a non-parole period of 23 years. He argued that the trial judge erred in applying the sentencing principles and in calculating the standard non-parole period, which he claimed was too long given his age and the circumstances of the offence. The Crown, on the other hand, submitted that the sentence was appropriate and should be upheld.

The legal issues before the court were whether the trial judge erred in applying the sentencing principles and whether the standard non-parole period was correctly calculated. The court had to determine if the sentence imposed was manifestly excessive or inappropriate, warranting a reduction, and whether the trial judge had taken into account all relevant factors, including the appellant's age and the mitigating circumstances. The court also needed to consider if the sentence was proportionate to the gravity of the offence and whether the appellant's age should have played a significant role in determining the non-parole period.

The court found that the trial judge had indeed erred in applying the sentencing principles and in calculating the standard non-parole period. It was held that the trial judge had not adequately considered the appellant's age and other mitigating factors, which warranted a reduction in the non-parole period. The court held that a non-parole period of 17 years was more appropriate. The appeal was allowed, and the case was remitted to the original sentencing court for re-sentencing. In re-sentencing, the court imposed a new sentence of life imprisonment with a non-parole period of 17 years.

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Ratio Decidendi

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