R v Ethan McKellar; R v Bevan McKellar [2014] NSWSC 1243

R v Ethan McKellar; R v Bevan McKellar [2014] NSWSC 1243

Both offenders were convicted of serious offences arising from a joint attack at the victim's home. The armed assault with intent to rob was in the middle range of objective seriousness, the wounding offence was below the middle range but not near the bottom, and the murder was in the middle range, with Ethan McKellar's culpability greater because he used the knife. Their moral culpability was reduced by social disadvantage and impaired functioning, including Ethan McKellar's youth, immaturity and low cognitive capacity, and Bevan McKellar's traumatic brain injury, but there were no statutory mitigating factors such as remorse or good prospects of rehabilitation. Serious aggravating...

Jurisdiction
Australia
Judgment Date
05 September 2014
Procedural Posture
Criminal Sentence / Sentence After Jury Verdicts of Guilty
Outcome
Ethan McKellar and Bevan McKellar were each sentenced to imprisonment for 24 years with a non-parole period of 18 years.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'armed Assault With Intent to Rob' 'joint Criminal Enterprise' 'impaired Mental Functioning' 'social Disadvantage' 'general Deterrence' 'specific Deterrence' 'totality Principle']
['criminal Law' 'sentencing'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'armed Assault With Intent to Rob' 'joint Criminal Enterprise' 'impaired Mental Functioning' 'social Disadvantage' 'general Deterrence' 'specific Deterrence' 'totality Principle']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Ethan McKellar and Bevan McKellar for murder, wounding with intent to cause grievous bodily harm, and armed assault with intent to rob.' 'The objective seriousness and individual culpability of each offender for each offence.' "The effect of social disadvantage, impaired mental functioning, and Ethan McKellar's youth and immaturity on moral culpability and deterrence." 'Whether sentences should be partially accumulated to reflect different offences and two victims, while observing totality.' 'Whether special circumstances warranted a longer than usual period on parole.']

Ratio Decidendi

Both offenders were convicted of serious offences arising from a joint attack at the victim's home. The armed assault with intent to rob was in the middle range of objective seriousness, the wounding offence was below the middle range but not near the bottom, and the murder was in the middle range, with Ethan McKellar's culpability greater because he used the knife. Their moral culpability was reduced by social disadvantage and impaired functioning, including Ethan McKellar's youth, immaturity and low cognitive capacity, and Bevan McKellar's traumatic brain injury, but there were no statutory mitigating factors such as remorse or good prospects of rehabilitation. Serious aggravating...

Court Disposition

Ethan McKellar and Bevan McKellar were each sentenced to imprisonment for 24 years with a non-parole period of 18 years.

Orders

  • ['Ethan McKellar convicted.' 'For Ethan McKellar, armed assault with intent to rob: imprisonment comprising a non-parole period of 3 years 9 months and a balance of term of 1 year 3 months, dating from 3 May 2011 and expiring on 2 May 2016.' 'For Ethan McKellar, wounding with intent to cause grievous bodily harm:...