R v Cotterill [2012] NSWSC 89

R v Cotterill [2012] NSWSC 89

The murder was objectively very serious because the offender intended to kill, intruded into the deceased's home to steal, and carried out a sustained, brutal and ferocious attack involving blunt force and twenty-seven stab wounds. The seriousness was mitigated only slightly by the absence of planning and by impaired control arising from behavioural and psychiatric disorders, and the offender received credit for guilty pleas with substantial utilitarian value. The escape was at the lower end of seriousness because liberty lasted only moments and six metres, and the offender's gunshot injuries amounted to extra-curial punishment, but a consecutive custodial term was required by statute....

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Criminal Sentencing for Murder and Escaping From Lawful Custody / Sentence Following Guilty Pleas Upon Arraignment
Outcome
Offender convicted and sentenced for murder and escaping from lawful custody.
Legal Topics
['murder' 'escaping From Lawful Custody' 'guilty Plea' 'standard Non Parole Period' 'objective Seriousness' 'aggravating and Mitigating Factors' 'youth of Offender' 'extra Curial Punishment']
['criminal Law' 'sentencing'] ['murder' 'escaping From Lawful Custody' 'guilty Plea' 'standard Non Parole Period' 'objective Seriousness' 'aggravating and Mitigating Factors' 'youth of Offender' 'extra Curial Punishment']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder and Escaping From Lawful Custody / Sentence Following Guilty Pleas Upon Arraignment

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Michelle Morrissey.' 'What sentence should be imposed for escaping from lawful custody.' 'How the guilty pleas, objective seriousness, aggravating and mitigating features, youth, psychiatric and behavioural history, and extra-curial punishment should affect sentence.' 'Whether special circumstances warranted adjustment of the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The murder was objectively very serious because the offender intended to kill, intruded into the deceased's home to steal, and carried out a sustained, brutal and ferocious attack involving blunt force and twenty-seven stab wounds. The seriousness was mitigated only slightly by the absence of planning and by impaired control arising from behavioural and psychiatric disorders, and the offender received credit for guilty pleas with substantial utilitarian value. The escape was at the lower end of seriousness because liberty lasted only moments and six metres, and the offender's gunshot injuries amounted to extra-curial punishment, but a consecutive custodial term was required by statute....

Court Disposition

Offender convicted and sentenced for murder and escaping from lawful custody.

Orders

  • ['For the murder of Michelle Morrissey, Luke Cotterill was sentenced to imprisonment with a non-parole period of sixteen years commencing on 30 March 2010 and concluding on 29 March 2026, with a balance of term of six years concluding on 29 March 2032.' 'For escaping from lawful custody, Luke Cotterill was sentenced...