REGINA v EBNER [2001] NSWSC 421

REGINA v EBNER [2001] NSWSC 421

The offender intentionally strangled Paula Bonacina so that he could take her heroin. His desperation for heroin explained his motive but did not significantly reduce his culpability. His account of snapping or being substantially drug-affected was rejected, and his claimed remorse was not accepted as genuine, though some allowance was made for a guilty plea, protective custody, time in custody, rehabilitation prospects, and offences taken into account. The appropriate sentence was imprisonment for eighteen years with a non-parole period expiring on 11 October 2012.

Jurisdiction
Australia
Judgment Date
29 May 2001
Procedural Posture
Criminal Sentencing for Murder / Sentencing After Plea of Guilty
Outcome
The offender was sentenced to imprisonment for eighteen years with a non-parole period fixed so that the earliest parole eligibility date is 11 October 2012.
Legal Topics
['murder' 'drug Addiction' 'plea of Guilty' 'victim Impact Statement' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'drug Addiction' 'plea of Guilty' 'victim Impact Statement' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Paula Margaret Bonacina after a plea of guilty." "What weight should be given to the offender's heroin addiction, personal history, protective custody, rehabilitation prospects, lack of genuine remorse, and guilty plea." 'Whether and how a Victim Impact Statement may be used in sentencing for murder.']

Ratio Decidendi

The offender intentionally strangled Paula Bonacina so that he could take her heroin. His desperation for heroin explained his motive but did not significantly reduce his culpability. His account of snapping or being substantially drug-affected was rejected, and his claimed remorse was not accepted as genuine, though some allowance was made for a guilty plea, protective custody, time in custody, rehabilitation prospects, and offences taken into account. The appropriate sentence was imprisonment for eighteen years with a non-parole period expiring on 11 October 2012.

Court Disposition

The offender was sentenced to imprisonment for eighteen years with a non-parole period fixed so that the earliest parole eligibility date is 11 October 2012.

Orders

  • ['Robert John Ebner is sentenced to imprisonment for a term of eighteen years, commencing on 12 April 1999 and ending on 11 April 2017.' 'The earliest date upon which Robert John Ebner will become eligible to be released on parole is 11 October 2012.']