R v Rhodes [2017] NSWSC 694

R v Rhodes [2017] NSWSC 694

The offending comprised an extremely violent drug-fuelled episode in which the offender intentionally murdered his mother and an 8-year-old close relative, then assaulted a passer-by and a police officer. The murders were well above the middle of the range of objective seriousness, involving sustained extreme violence, vulnerable victims in the home, multiple victims, and profound harm to family and witnesses. The judge was not persuaded that the offender had a mild intellectual disability, but accepted that his deprived upbringing, ADHD and anger-management difficulties reduced moral culpability to some degree. The judge found that the offender was in the grip of an ice-induced...

Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
The offender was convicted on each of the four counts and sentenced to an aggregate term of imprisonment of 40 years with a non-parole period of 30 years.
Legal Topics
['murder' 'murder of a Child' 'common Assault' 'assault Police in Execution of Duty' 'self Induced Intoxication' 'drug Induced Psychosis' 'intellectual Disability' 'deprived Background' 'guilty Plea Discount' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['murder' 'murder of a Child' 'common Assault' 'assault Police in Execution of Duty' 'self Induced Intoxication' 'drug Induced Psychosis' 'intellectual Disability' 'deprived Background' 'guilty Plea Discount' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two murders, common assault and assaulting a police officer in a single episode of serious criminality.' 'Whether the offender suffered from a mild intellectual disability reducing moral culpability and the need for deterrence.' "Whether the offender's childhood deprivation engaged the principles discussed in Bugmy v The Queen." 'The relevance of intoxication and whether the offender acted in the grip of a drug-induced psychosis.' 'Whether and to what extent a discount should be allowed for the early guilty pleas.' 'Whether an aggregate sentence should be imposed and what indicative sentences should be identified.']

Ratio Decidendi

The offending comprised an extremely violent drug-fuelled episode in which the offender intentionally murdered his mother and an 8-year-old close relative, then assaulted a passer-by and a police officer. The murders were well above the middle of the range of objective seriousness, involving sustained extreme violence, vulnerable victims in the home, multiple victims, and profound harm to family and witnesses. The judge was not persuaded that the offender had a mild intellectual disability, but accepted that his deprived upbringing, ADHD and anger-management difficulties reduced moral culpability to some degree. The judge found that the offender was in the grip of an ice-induced...

Court Disposition

The offender was convicted on each of the four counts and sentenced to an aggregate term of imprisonment of 40 years with a non-parole period of 30 years.

Orders

  • ['The offender is convicted of each of the four counts on the indictment.' 'The offender is sentenced to an aggregate term of imprisonment of 40 years with a non-parole period of 30 years.' 'The sentence will date from 8 September 2015.' 'The non-parole period will expire on 7 September 2045, when the offender will...