R v Laurence Bede O'Connor [2008] NSWSC 1297

R v Laurence Bede O'Connor [2008] NSWSC 1297

The offender intentionally shot his wife twice at close range and the crime was serious, callous and cowardly, warranting denunciation, deterrence and punishment. However the murder was below the middle of the range of objective seriousness, though not by much, because it was not premeditated or planned and the offender was subject to some loss of self-control after the deceased's conduct. Together with remorse, assistance to police, good prospects of rehabilitation, low risk of re-offending, good character and absence of a relevant record, these matters justified a non-parole period below the 20-year standard non-parole period. No special circumstances warranted any further reduction of...

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Criminal Sentence for Murder / Sentencing After Jury Verdict of Guilty of Murder
Outcome
Sentenced to imprisonment for murder with a non-parole period of 16 years and a balance of term of 5 years.
Legal Topics
['murder' 'provocation' 'standard Non Parole Period' 'mitigating Factors' 'aggravating Factors' 'victim Impact Statement' 'assistance to Police' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'provocation' 'standard Non Parole Period' 'mitigating Factors' 'aggravating Factors' 'victim Impact Statement' 'assistance to Police' 'remorse' 'rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Murder / Sentencing After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ["Whether the offender's conduct and circumstances placed the murder below, at, or above the middle of the range of objective seriousness for offences of murder under Part 4 Division 1A of the Crimes (Sentencing Procedure) Act 1999." 'Whether the factual basis of provocation, although rejected by the jury as a defence, could be taken into account as a mitigating factor on sentence.' 'What aggravating and mitigating factors under section 21A of the Crimes (Sentencing Procedure) Act applied.' 'Whether special circumstances under section 44(2) of the Crimes (Sentencing Procedure) Act warranted alteration of the statutory relationship between the non-parole period and the balance of term.']

Ratio Decidendi

The offender intentionally shot his wife twice at close range and the crime was serious, callous and cowardly, warranting denunciation, deterrence and punishment. However the murder was below the middle of the range of objective seriousness, though not by much, because it was not premeditated or planned and the offender was subject to some loss of self-control after the deceased's conduct. Together with remorse, assistance to police, good prospects of rehabilitation, low risk of re-offending, good character and absence of a relevant record, these matters justified a non-parole period below the 20-year standard non-parole period. No special circumstances warranted any further reduction of...

Court Disposition

Sentenced to imprisonment for murder with a non-parole period of 16 years and a balance of term of 5 years.

Orders

  • ["For the murder of Flordelizza O'Connor, Laurence Bede O'Connor is sentenced to a non-parole period of 16 years commencing on 7 September 2007 and expiring on 6 September 2023." "Laurence Bede O'Connor is sentenced to a balance of term of 5 years commencing on 7 September 2023 and expiring on 6 September 2028."...