R v Ryan (No 4) [2020] NSWSC 1629

R v Ryan (No 4) [2020] NSWSC 1629

The murder was objectively extremely grave because the offender savagely stabbed his former intimate partner to death in her own home, in flagrant breach of a court order made earlier that day to protect her, after prior threats, motivated primarily by jealousy, anger and refusal to accept her autonomy. Although alcohol-induced brain damage, mood disorder, loss of control, age, sparse criminal record, some acceptance of guilt, remorse and rehabilitation prospects mitigated sentence, denunciation and general deterrence dominated. A head sentence of 23 years with a non-parole period of 17 years was the least sentence properly reflecting the gravity of the murder, with the 18-month AVO...

Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Criminal Sentence / Remarks on Sentence After Judge Alone Trial Verdict of Guilty of Murder and Plea of Guilty to Breaching an Apprehended Violence Order
Outcome
The offender was convicted of murder and of breaching an apprehended violence order, sentenced to a head sentence of imprisonment for 23 years with a non-parole period of 17 years for murder, and sentenced to a wholly concurrent fixed term of imprisonment for 18 months for the AVO breach.
Legal Topics
['murder' 'apprehended Violence Order Breach' 'domestic Violence' 'substantial Impairment' 'intention to Kill' 'non Parole Period' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'apprehended Violence Order Breach' 'domestic Violence' 'substantial Impairment' 'intention to Kill' 'non Parole Period' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Judge Alone Trial Verdict of Guilty of Murder and Plea of Guilty to Breaching an Apprehended Violence Order

Legal Issues

  1. 1 ['What sentence should be imposed for murder committed against a former intimate partner in breach of an apprehended violence order.' 'What sentence should be imposed for the summary offence of breaching an apprehended violence order constituted by the murder itself.' "Whether the offender's cognitive impairment, depression, loss of control, age, sparse criminal record, remorse and rehabilitation prospects mitigated sentence." 'Whether the sentence for breach of the apprehended violence order should be wholly concurrent with the sentence for murder.']

Ratio Decidendi

The murder was objectively extremely grave because the offender savagely stabbed his former intimate partner to death in her own home, in flagrant breach of a court order made earlier that day to protect her, after prior threats, motivated primarily by jealousy, anger and refusal to accept her autonomy. Although alcohol-induced brain damage, mood disorder, loss of control, age, sparse criminal record, some acceptance of guilt, remorse and rehabilitation prospects mitigated sentence, denunciation and general deterrence dominated. A head sentence of 23 years with a non-parole period of 17 years was the least sentence properly reflecting the gravity of the murder, with the 18-month AVO...

Court Disposition

The offender was convicted of murder and of breaching an apprehended violence order, sentenced to a head sentence of imprisonment for 23 years with a non-parole period of 17 years for murder, and sentenced to a wholly concurrent fixed term of imprisonment for 18 months for the AVO breach.

Orders

  • ['Paul Ryan is convicted of the offence of murder.' 'Paul Ryan is convicted of the offence of breaching an apprehended violence order.' 'For the offence of breaching an apprehended violence order, a fixed term of imprisonment for 18 months is imposed, to commence on 12 November 2018.' 'For the offence of murder, a...