R v Murray [2013] NSWDC 339

R v Murray [2013] NSWDC 339

The offence was towards the very top end of seriousness because the offender armed himself, concealed the firearm, went to the victim's home, knocked to draw occupants to the door and discharged the firearm as the victim pulled aside the curtain, causing severe head and brain injuries. Aggravating factors included prior violent convictions, commission while the victim was in her own home, commission while on parole and a grave risk of death. There were no mitigating factors apart from the plea, little basis for positive rehabilitation prospects, and a real long-term risk of serious violent re-offending. Given the extreme gravity of the crime and the serious danger to the public, the late...

Jurisdiction
Australia
Judgment Date
07 August 2013
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to a head sentence of 20 years imprisonment with a non-parole period of 15 years.
Legal Topics
['discharging a Firearm With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'aggravating Factors' 'plea of Guilty' 'future Dangerousness' 'public Protection']
['criminal Law' 'sentencing'] ['discharging a Firearm With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'aggravating Factors' 'plea of Guilty' 'future Dangerousness' 'public Protection']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for discharging a firearm with intent to cause grievous bodily harm contrary to S 33A(1)(a) of the Crimes Act.' "How the objective seriousness of the offence should be assessed, including the victim's injuries and aggravating factors." "Whether the offender's subjective circumstances, remorse, prospects of rehabilitation and future dangerousness affected sentence." 'Whether any discount should be given for the late plea of guilty.']

Ratio Decidendi

The offence was towards the very top end of seriousness because the offender armed himself, concealed the firearm, went to the victim's home, knocked to draw occupants to the door and discharged the firearm as the victim pulled aside the curtain, causing severe head and brain injuries. Aggravating factors included prior violent convictions, commission while the victim was in her own home, commission while on parole and a grave risk of death. There were no mitigating factors apart from the plea, little basis for positive rehabilitation prospects, and a real long-term risk of serious violent re-offending. Given the extreme gravity of the crime and the serious danger to the public, the late...

Court Disposition

Offender convicted and sentenced to a head sentence of 20 years imprisonment with a non-parole period of 15 years.

Orders

  • ['The offender is convicted of the offence.' 'The offender is sentenced to a non-parole period of 15 years to date from 16 February 2012 and to expire on 15 February 2027.' 'The offender is sentenced to an additional term of 5 years to expire on 15 February 2032.']