R v Bruce Allan BURRELL [No 3] [2008] NSWSC 30

R v Bruce Allan BURRELL [No 3] [2008] NSWSC 30

Although the murder was committed in cold blood for financial gain, involved planning, and was at the more serious end of murder offences, the Crown overstated the degree of lengthy planning and the circumstances were less persistent and planned than the Whelan murder; a determinate sentence rather than life imprisonment was therefore appropriate, while the seriousness of the offence, lack of remorse, dangerousness, age, and relevant sentencing considerations required a substantial sentence of 28 years with a 21 year non-parole period.

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Criminal Sentence for Murder / Sentence After Jury Conviction
Outcome
Sentenced to imprisonment for 28 years commencing on 17 September 2007 and ending on 16 September 2035, with a non-parole period of 21 years; earliest eligibility for release on parole is 17 September 2028.
Legal Topics
['murder' 'life Sentence' 'worst Class of Case' 'dangerousness and Protection of the Community' 'premeditation and Planning' 'subsequent Convictions' 'remorse' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'life Sentence' 'worst Class of Case' 'dangerousness and Protection of the Community' 'premeditation and Planning' 'subsequent Convictions' 'remorse' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Murder / Sentence After Jury Conviction

Legal Issues

  1. 1 ['Whether the murder warranted a life sentence under s 61(1) Crimes (Sentencing Procedure) Act 1999.' 'Whether the offence was in the worst class of case.' 'Whether later convictions for the kidnapping and murder of Mrs Kerry Whelan were relevant to sentencing for the earlier murder of Mrs Dorothy Davis.' 'The extent of premeditation and planning involved in the murder.' 'The relevance of absence of remorse, delay in prosecution, age, dangerousness and community protection.']

Ratio Decidendi

Although the murder was committed in cold blood for financial gain, involved planning, and was at the more serious end of murder offences, the Crown overstated the degree of lengthy planning and the circumstances were less persistent and planned than the Whelan murder; a determinate sentence rather than life imprisonment was therefore appropriate, while the seriousness of the offence, lack of remorse, dangerousness, age, and relevant sentencing considerations required a substantial sentence of 28 years with a 21 year non-parole period.

Court Disposition

Sentenced to imprisonment for 28 years commencing on 17 September 2007 and ending on 16 September 2035, with a non-parole period of 21 years; earliest eligibility for release on parole is 17 September 2028.

Orders

  • ['Bruce Allan Burrell is sentenced to imprisonment for 28 years commencing on 17 September 2007 and ending on 16 September 2035.' 'A non-parole period of 21 years is fixed.' 'The earliest date upon which Bruce Allan Burrell will be eligible for release on parole in respect of this offence is 17 September 2028.']