R v Hickson (No 4) [2020] NSWSC 340

R v Hickson (No 4) [2020] NSWSC 340

The offender intentionally robbed Charles Skarratt at his home and, when the robbery went wrong, stabbed him intending at least to cause grievous bodily harm. The offence was above the mid-range of seriousness because it involved a planned robbery, use of a knife, commission in the victim's home, financial gain, and the offender being on conditional liberty for violent offences. The offender showed no remorse, had poor prospects of rehabilitation and a concerning risk of reoffending, but had to be sentenced according to sentencing practices prevailing at the time of the 1989 offence and his age and health justified special circumstances. A total sentence of 22 years with a non-parole...

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty
Outcome
Offender convicted of murder and sentenced to imprisonment.
Legal Topics
['murder' 'robbery' 'delay in Sentencing' 'dna Evidence' 'aggravating Factors' 'remorse' 'rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'robbery' 'delay in Sentencing' 'dna Evidence' 'aggravating Factors' 'remorse' 'rehabilitation' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Charles Skarratt in 1989." 'Whether the offence was above the mid-range of objective seriousness.' 'Whether the offender intended to kill or at least inflict grievous bodily harm.' 'What effect the delay between the offence and sentencing should have on sentence.' "Whether the offender's age and health conditions constituted special circumstances." 'Whether the offender had shown remorse and what his prospects of rehabilitation and risk of reoffending were.']

Ratio Decidendi

The offender intentionally robbed Charles Skarratt at his home and, when the robbery went wrong, stabbed him intending at least to cause grievous bodily harm. The offence was above the mid-range of seriousness because it involved a planned robbery, use of a knife, commission in the victim's home, financial gain, and the offender being on conditional liberty for violent offences. The offender showed no remorse, had poor prospects of rehabilitation and a concerning risk of reoffending, but had to be sentenced according to sentencing practices prevailing at the time of the 1989 offence and his age and health justified special circumstances. A total sentence of 22 years with a non-parole...

Court Disposition

Offender convicted of murder and sentenced to imprisonment.

Orders

  • ['For the offence of murder, Terry John Hickson is sentenced to a term of imprisonment of 22 years commencing 2 November 2017 and expiring 1 November 2039.' 'A non-parole period of 15 years is fixed, expiring 1 November 2032.' 'The offender will be first eligible for parole on 1 November 2032.' 'The offender was...