R v Spiteri-Ahern [2018] NSWSC 1072

R v Spiteri-Ahern [2018] NSWSC 1072

The offender organised and paid for an assault on the deceased with at least an intention to cause grievous bodily harm, in a planned, premeditated and execution-style attack that caused death and was objectively above the mid-range of murder. However, the Crown did not prove that she intended to kill, so the offence could not be treated as a contract killing by her. Her PTSD and depression, lack of prior significant violence or previous custodial experience before the offending, prospects for rehabilitation, and need for community supervision reduced the sentence otherwise required and justified special circumstances, while the gravity of murder still required a lengthy full-time...

Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Criminal Sentence for Murder / Sentencing After Judge Alone Trial and Finding of Guilt
Outcome
Conviction recorded and sentence imposed of a head sentence of 30 years' imprisonment with a non-parole period of 18 years.
Legal Topics
['murder' 'objective Seriousness' 'non Parole Period' 'mental Illness' 'special Circumstances' 'parity']
['criminal Law' 'sentencing'] ['murder' 'objective Seriousness' 'non Parole Period' 'mental Illness' 'special Circumstances' 'parity']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Judge Alone Trial and Finding of Guilt

Legal Issues

  1. 1 ["Assessment of the objective seriousness of the offender's murder offence" 'Whether the offence was a contract killing or a contracted assault with intention to cause grievous bodily harm' "Effect of the offender's subjective circumstances, including PTSD, depression, criminal history and prospects of rehabilitation" 'Whether parity with the sentence imposed on Mr Haile required a different sentence' 'Whether special circumstances justified a longer period on parole' 'How time already served and totality should be accounted for']

Ratio Decidendi

The offender organised and paid for an assault on the deceased with at least an intention to cause grievous bodily harm, in a planned, premeditated and execution-style attack that caused death and was objectively above the mid-range of murder. However, the Crown did not prove that she intended to kill, so the offence could not be treated as a contract killing by her. Her PTSD and depression, lack of prior significant violence or previous custodial experience before the offending, prospects for rehabilitation, and need for community supervision reduced the sentence otherwise required and justified special circumstances, while the gravity of murder still required a lengthy full-time...

Court Disposition

Conviction recorded and sentence imposed of a head sentence of 30 years' imprisonment with a non-parole period of 18 years.

Orders

  • ['Louise Spiteri-Ahern is convicted that on 30 October 2013 at Pendle Hill in the State of New South Wales, she did murder Raymond Pasnin.' "For that offence, she is sentenced to a non-parole period of 18 years' imprisonment commencing 22 June 2015 and concluding 21 June 2033 and a remainder of term of a further 12...