R v Brooks [2012] NSWSC 505

R v Brooks [2012] NSWSC 505

The offender murdered a defenceless stranger for money by shooting him pursuant to a contract with Helen Ryan, acted without remorse, and bore very high criminality. However, the court was not satisfied that the offending was within the worst case category or that s 61 required life imprisonment, particularly because the planning appeared minimal, there was no sophistication or particular ingenuity, no adverse finding of future dangerousness was made, and parity with Helen Ryan's determinate sentence meant a life sentence would be disproportionate. A very lengthy determinate sentence was sufficient to meet retribution, punishment, community protection and deterrence.

Jurisdiction
Australia
Judgment Date
18 May 2012
Procedural Posture
Criminal Sentence for Murder / Remarks on Sentence After Conviction at Trial
Outcome
Offender sentenced to imprisonment for 38 years with a non-parole period of 28 years and 6 months.
Legal Topics
['murder' 'contract Killing' 'life Imprisonment' 'standard Non Parole Period' 'parity' 'objective Seriousness' 'remorse' 'future Dangerousness']
['criminal Law' 'sentencing'] ['murder' 'contract Killing' 'life Imprisonment' 'standard Non Parole Period' 'parity' 'objective Seriousness' 'remorse' 'future Dangerousness']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Remarks on Sentence After Conviction at Trial

Legal Issues

  1. 1 ['Whether a sentence of imprisonment for life should be imposed for murder under s 61 of the Crimes (Sentencing Procedure) Act 1999.' "Whether the offender's culpability placed the murder within the worst category of cases." 'How parity with sentences imposed on co-offenders, particularly Helen Ryan, should affect sentence.' "Whether the offender's subjective circumstances, criminal history, lack of remorse, prospects of rehabilitation and future dangerousness affected sentence."]

Ratio Decidendi

The offender murdered a defenceless stranger for money by shooting him pursuant to a contract with Helen Ryan, acted without remorse, and bore very high criminality. However, the court was not satisfied that the offending was within the worst case category or that s 61 required life imprisonment, particularly because the planning appeared minimal, there was no sophistication or particular ingenuity, no adverse finding of future dangerousness was made, and parity with Helen Ryan's determinate sentence meant a life sentence would be disproportionate. A very lengthy determinate sentence was sufficient to meet retribution, punishment, community protection and deterrence.

Court Disposition

Offender sentenced to imprisonment for 38 years with a non-parole period of 28 years and 6 months.

Orders

  • ['Kenneth Harold Brooks is sentenced to imprisonment for 38 years.' 'The non-parole period is 28 years and 6 months, to date from 10 February 2010 and expiring on 9 August 2038.' 'The balance of term is 9 years and 6 months, expiring on 9 February 2048.']