New South Wales
Court of Criminal Appeal
CITATION: VERSLUYS v R [2008] NSWCCA 76 HEARING DATE(S): 25 March 2008
JUDGMENT DATE:
3 April 2008JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 47; Price J at 48 DECISION: 1. Grant leave to appeal against sentence.
2. Dismiss the appeal against conviction and sentence.CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - murder - strangulation of de facto partner - whether conviction for murder unsafe and unsatisfactory - whether evidence only supported a conviction for manslaughter - whether appellant had an intention to kill or cause grievous bodily harm - whether trial judge gave balanced summing up - whether matter fell within middle range of objective seriousness - whether trial judge erred in imposing standard non-parole period LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900CATEGORY: Principal judgment CASES CITED: Apps v R [2006] NSWCCA 290
M v The Queen (1994) 181 CLR 487
MLP v R (2006) 164 A Crim R 93; NSWCCA 271
R v Slater (2001) 121 A Crim R 369; [2001] NSWCCA 65
R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434PARTIES: Lee Thomas Versluys (Appellant)
The CrownFILE NUMBER(S): CCA 2007/3222 COUNSEL: A Haesler SC (Appellant on sentence only)
Appellant in person on conviction
L Babb SC/M Rabsch (Crown)SOLICITORS: Legal Aid Commission of NSW (Appellant on sentence)
Director of Public Prosecutions (Crown)LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): 2005/839 LOWER COURT JUDICIAL OFFICER: Newman AJ LOWER COURT DATE OF DECISION: 24 March 2006
2007/3222
THURSDAY 3 APRIL 2008McCLELLAN CJ at CL
SIMPSON J
PRICE J
1 McCLELLAN CJ at CL: The appellant was convicted of the murder of Jodie Hingston. The offence carries a maximum penalty of life imprisonment (s 19A Crimes Act 1900). The standard non-parole period for the offence is 20 years imprisonment: (s 54A and 54B of the Crimes (Sentencing Procedure) Act 1999).
2 Following his conviction the appellant was sentenced to a non-parole period of 20 years imprisonment, commencing on 27 July 2004 and expiring on 26 July 2024, with an additional term of 6 years and 8 months commencing on 27 July 2024.
3 The appellant appeals against his conviction and seeks leave to appeal against the sentence. He appeared for himself in relation to the conviction appeal but was represented by counsel in relation to the matter of sentence.
Facts
4 The facts are in a short compass. The appellant who was aged 30 at the time and the deceased, who was aged 26, had been living together at a boarding house in Redfern for approximately 6 days. They had been living in a de facto relationship for in excess of 6 years prior to that time.
5 The parents of the deceased gave evidence at the trial. Her mother said that in 2003 the appellant and the deceased resided with them for a period. During…
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- AGLC
- Versluys v R [2008] NSWCCA 76
- Case
- [2008] NSWCCA 76
- Decision Date
CaseChat Overview and Summary
The court considered the evidence presented and concluded that the appellant's intention to kill or cause grievous bodily harm was established, thus affirming the murder conviction. The court found that the trial judge's summing up was balanced and did not err in any material way. It was determined that the matter fell within the middle range of objective seriousness, justifying the imposition of a standard non-parole period. The court found no basis to interfere with the trial judge's assessment of the evidence and the sentence imposed.
Accordingly, the appeal against conviction was dismissed. The sentence was affirmed, and the appellant's appeal was dismissed in its entirety.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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