R v Robert Martin HICKS [2013] NSWSC 1324

R v Robert Martin HICKS [2013] NSWSC 1324

The offender was sentenced on the basis that he intentionally stabbed Ms Newman intending to cause grievous bodily harm, but the Court was not satisfied beyond reasonable doubt that he intended to kill her. The offence remained very serious, but its objective seriousness was placed lower in the range because it was a spur-of-the-moment isolated act without ulterior motive. The offender's immediate conduct showed regret and remorse, and a 15 per cent discount was allowed for the later-stage guilty plea. No special circumstances justified varying the statutory parole calculus, resulting in a sentence of 17 years imprisonment with a non-parole period of 12 years and 9 months.

Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Criminal Sentencing for Murder / Sentence After Guilty Plea
Outcome
Sentence imposed for murder after guilty plea.
Legal Topics
['murder' 'guilty Plea' 'remorse' 'non Parole Period' 'intention to Cause Grievous Bodily Harm']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'remorse' 'non Parole Period' 'intention to Cause Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis that he intended to kill the victim or intended to cause grievous bodily harm' 'What sentence and non-parole period should be imposed for murder after a later-stage guilty plea' 'Whether special circumstances justified variation of the statutory non-parole period']

Ratio Decidendi

The offender was sentenced on the basis that he intentionally stabbed Ms Newman intending to cause grievous bodily harm, but the Court was not satisfied beyond reasonable doubt that he intended to kill her. The offence remained very serious, but its objective seriousness was placed lower in the range because it was a spur-of-the-moment isolated act without ulterior motive. The offender's immediate conduct showed regret and remorse, and a 15 per cent discount was allowed for the later-stage guilty plea. No special circumstances justified varying the statutory parole calculus, resulting in a sentence of 17 years imprisonment with a non-parole period of 12 years and 9 months.

Court Disposition

Sentence imposed for murder after guilty plea.

Orders

  • ['The offender is sentenced to 17 years imprisonment.' 'The non-parole period is 12 years and 9 months.' 'The sentence is to commence on 10 August 2011.' 'The earliest date upon which the offender will be eligible for parole is 10 May 2024.']