Regina v Steer [2006] NSWSC 1198

Regina v Steer [2006] NSWSC 1198

The murder was above the mid range of objective seriousness because the offender deliberately broke into the deceased's home at night, disguised and armed with an iron bar, intending to inflict really serious physical injury; he was the aggressor throughout, formed an intention to kill during the confrontation, brutally cut the deceased's throat, and then callously burnt the body to destroy evidence. The Court rejected self-defence, provocation, remorse and any psychiatric mitigation. A non-parole period several years above the 20-year standard was warranted, reduced only to the extent allowed by relevant subjective matters and totality. The armed robbery was objectively mid-range; a 10%...

Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Criminal Sentencing for Murder and Robbery Armed With an Offensive Weapon / Sentence After Jury Verdict of Guilty of Murder and Guilty Plea to Armed Robbery
Outcome
Offender sentenced to imprisonment for both offences, with the murder sentence partly concurrent with the fixed term for armed robbery.
Legal Topics
['murder' 'armed Robbery' 'standard Non Parole Period' 'objective Seriousness' 'aggravating Factors' 'absence of Remorse' 'guilty Plea Discount' 'totality' 'fixed Term Imprisonment']
['criminal Law' 'sentencing'] ['murder' 'armed Robbery' 'standard Non Parole Period' 'objective Seriousness' 'aggravating Factors' 'absence of Remorse' 'guilty Plea Discount' 'totality' 'fixed Term Imprisonment']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder and Robbery Armed With an Offensive Weapon / Sentence After Jury Verdict of Guilty of Murder and Guilty Plea to Armed Robbery

Legal Issues

  1. 1 ['Whether the murder offence was above the mid range of objective seriousness for an offence with a standard non-parole period of 20 years.' "Whether the offender went to the deceased's home with a pre-determined intention to kill or formed the intention during the confrontation." "Whether self-defence or provocation mitigated the offender's culpability for the murder." "Whether burning the deceased's body aggravated the murder offence." 'Whether the offender showed remorse or contrition.' "What sentence should be imposed for the armed robbery having regard to its objective seriousness, the guilty plea and the offender's prior record." 'Whether the sentences for murder and armed robbery should be wholly consecutive, concurrent or partly concurrent.']

Ratio Decidendi

The murder was above the mid range of objective seriousness because the offender deliberately broke into the deceased's home at night, disguised and armed with an iron bar, intending to inflict really serious physical injury; he was the aggressor throughout, formed an intention to kill during the confrontation, brutally cut the deceased's throat, and then callously burnt the body to destroy evidence. The Court rejected self-defence, provocation, remorse and any psychiatric mitigation. A non-parole period several years above the 20-year standard was warranted, reduced only to the extent allowed by relevant subjective matters and totality. The armed robbery was objectively mid-range; a 10%...

Court Disposition

Offender sentenced to imprisonment for both offences, with the murder sentence partly concurrent with the fixed term for armed robbery.

Orders

  • ['For robbery armed with an offensive weapon, fixed term of imprisonment for 4 years commencing on 23 February 2005 and expiring on 22 February 2009.' 'For the murder of Warren Leslie Dickson, term of imprisonment comprising a non-parole period of 22 years and a balance of term of 7 years and 4 months.' 'The murder...