R v Thomas Dillan Stone [2019] NSWSC 195

R v Thomas Dillan Stone [2019] NSWSC 195

The offender's underlying schizophrenic illness causally contributed to the offence by explaining the irrational decision to kill another forensic patient to return to gaol and the offender's lack of empathy, reducing moral culpability and general deterrence; however, the offence was a serious planned murder of an unprovoking victim and the offender remained a danger to the community unless subject to and compliant with structured treatment. The offence did not meet the s 61 threshold for life imprisonment, and after a starting point of about 30 years and a reduction of roughly 25 per cent for the guilty plea, the appropriate sentence was 23 years with a non-parole period of 17 years and...

Jurisdiction
Australia
Judgment Date
04 March 2019
Procedural Posture
Criminal Sentence for Murder / Sentence After Plea of Guilty
Outcome
Sentenced to imprisonment for 23 years with a non-parole period of 17 years and 6 months.
Legal Topics
['murder' 'plea of Guilty' 'mental Illness and Moral Culpability' 'future Dangerousness' 'life Sentence' 'non Parole Period']
['criminal Law' 'sentencing' 'mental Health Law'] ['murder' 'plea of Guilty' 'mental Illness and Moral Culpability' 'future Dangerousness' 'life Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["Whether there was a causal link between the offender's mental illness and the offence." 'Whether the offender posed a continuing danger to the community.' 'Whether the offence called for the maximum sentence for murder, imprisonment for life, under s 61 of the Crimes (Sentencing Procedure) Act 1999.' "What sentence and non-parole period should be imposed after allowing for the guilty plea and the offender's mental illness."]

Ratio Decidendi

The offender's underlying schizophrenic illness causally contributed to the offence by explaining the irrational decision to kill another forensic patient to return to gaol and the offender's lack of empathy, reducing moral culpability and general deterrence; however, the offence was a serious planned murder of an unprovoking victim and the offender remained a danger to the community unless subject to and compliant with structured treatment. The offence did not meet the s 61 threshold for life imprisonment, and after a starting point of about 30 years and a reduction of roughly 25 per cent for the guilty plea, the appropriate sentence was 23 years with a non-parole period of 17 years and...

Court Disposition

Sentenced to imprisonment for 23 years with a non-parole period of 17 years and 6 months.

Orders

  • ['Thomas Dillan Stone, for the murder of Robert James Mitchell you are sentenced to a non-parole period of 17 years & 6 months, commencing on 6 February 2017 and expiring on 5 August 2034, and a balance of term of 5 years & 6 months, commencing on 6 August 2034 and expiring on 5 February 2040.' 'You will be eligible...