R v Towney (No 2) [2016] NSWSC 97

R v Towney (No 2) [2016] NSWSC 97

The murder warranted a finite sentence comprising an 18-year non-parole period and a 6-year balance of term because the offender deliberately armed himself, pursued a retreating unarmed victim and intentionally killed him with a lethal knife blow, with provocation and self-defence rejected. The Court balanced the serious objective criminality, prior offending, offending while on conditional liberty and presence of a child against the offender's youth, Aboriginal descent, disadvantaged upbringing, some remorse and absence of long premeditation, and considered comparable cases for consistency.

Jurisdiction
Australia
Judgment Date
16 February 2016
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder Following Plea of Not Guilty to Murder and Guilty Plea to Manslaughter
Outcome
Trent Towney was sentenced for murder to a total term of 24 years imprisonment, with a non-parole period of 18 years and a balance of term of 6 years.
Legal Topics
['murder' 'intention to Kill' 'provocation' 'excessive Self Defence' 'aboriginal Disadvantage' 'prior Convictions' 'conditional Liberty' 'victim Impact Statements' 'standard Non Parole Period' 'comparable Cases']
['criminal Law' 'sentencing'] ['murder' 'intention to Kill' 'provocation' 'excessive Self Defence' 'aboriginal Disadvantage' 'prior Convictions' 'conditional Liberty' 'victim Impact Statements' 'standard Non Parole Period' 'comparable Cases']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder Following Plea of Not Guilty to Murder and Guilty Plea to Manslaughter

Legal Issues

  1. 1 ["Whether the offender's culpability required a sentence of life imprisonment or a finite term of imprisonment" 'Whether provocation or loss of self-control mitigated the objective seriousness of the murder' 'Whether excessive self-defence was available or mitigated culpability' 'Whether the offender intended to kill or only intended to inflict grievous bodily harm' "How the offender's disadvantaged background, youth, Aboriginal descent, substance abuse, criminal history and prospects of rehabilitation affected sentence" 'What weight should be given to aggravating circumstances including the offence being committed in the presence of a child and while the offender was on conditional liberty' 'How comparable murder sentences informed consistency']

Ratio Decidendi

The murder warranted a finite sentence comprising an 18-year non-parole period and a 6-year balance of term because the offender deliberately armed himself, pursued a retreating unarmed victim and intentionally killed him with a lethal knife blow, with provocation and self-defence rejected. The Court balanced the serious objective criminality, prior offending, offending while on conditional liberty and presence of a child against the offender's youth, Aboriginal descent, disadvantaged upbringing, some remorse and absence of long premeditation, and considered comparable cases for consistency.

Court Disposition

Trent Towney was sentenced for murder to a total term of 24 years imprisonment, with a non-parole period of 18 years and a balance of term of 6 years.

Orders

  • ['For the murder of John Frail at Gilgandra on 20 July 2013 Trent Towney is sentenced to a non-parole period of 18 years to commence on 24 December 2014 and to expire on 23 December 2032 and a balance of the term of 6 years to commence on 24 December 2032 and to expire on 24 December 2038.' 'The offender will be...