R .v. FARRELL [2002] NSWSC 375

R .v. FARRELL [2002] NSWSC 375

The offender's murder was premeditated and serious: he participated in and led a savage attack, caused the deceased to drown, assisted in concealing the body and directed steps to remove incriminating evidence. Intoxication was not mitigating because he remained in control of his faculties, and the plea to manslaughter did not shorten the trial. Although his youth, difficult upbringing, lack of relevant criminal record, some remorse and some prospects of rehabilitation were taken into account, his role in causing death and directing others justified a longer sentence than Ezold's.

Jurisdiction
Australia
Judgment Date
02 May 2002
Procedural Posture
Criminal Law Sentencing Murder / Remarks on Sentence After Jury Verdict of Guilty of Murder
Outcome
Offender sentenced to imprisonment for 18 years with a non-parole period of 13 years 6 months.
Legal Topics
['murder' 'premeditation' 'intoxication' 'remorse' 'rehabilitation' 'parity in Sentencing' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'premeditation' 'intoxication' 'remorse' 'rehabilitation' 'parity in Sentencing' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Law Sentencing Murder / Remarks on Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Liam Salter-Tully." 'Whether the murder was premeditated.' 'Whether the effects of alcohol and LSD were mitigating.' 'Whether the offender was genuinely remorseful and had prospects of rehabilitation.' "Whether the offender's sentence should be no greater than that imposed on Ezold."]

Ratio Decidendi

The offender's murder was premeditated and serious: he participated in and led a savage attack, caused the deceased to drown, assisted in concealing the body and directed steps to remove incriminating evidence. Intoxication was not mitigating because he remained in control of his faculties, and the plea to manslaughter did not shorten the trial. Although his youth, difficult upbringing, lack of relevant criminal record, some remorse and some prospects of rehabilitation were taken into account, his role in causing death and directing others justified a longer sentence than Ezold's.

Court Disposition

Offender sentenced to imprisonment for 18 years with a non-parole period of 13 years 6 months.

Orders

  • ['Jason Edward Gordon Farrell is sentenced to imprisonment for a period of eighteen years commencing on 19 November 2000 and expiring on 18 November 2018.' 'A non-parole period of thirteen years six months is fixed, expiring on 18 May 2014.' 'The offender will be eligible for release on parole on 18 May 2014.']