R v Filippou [2011] NSWSC 1607

R v Filippou [2011] NSWSC 1607

The two murders were senseless, violent, unprovoked killings at point blank range and fell in the mid-range of objective seriousness. Although the offences were not proved to be planned or pre-meditated and the origin of the revolver could not be resolved for sentencing purposes, there was little mitigating or aggravating material justifying a departure from the 20-year standard non-parole period for each murder. Because the offender took two lives, significant accumulation was required, but the totality principle required recognition that the offences occurred within seconds as part of the same confrontation. A five-year accumulation produced a total sentence of 31 years' imprisonment,...

Jurisdiction
Australia
Judgment Date
22 December 2011
Procedural Posture
Criminal Sentence for Two Counts of Murder / Sentencing After Judge Alone Trial and Verdicts of Guilty of Murder
Outcome
Offender sentenced for two counts of murder to a total sentence of 31 years' imprisonment, with earliest eligibility for release on parole on 27 June 2035.
Legal Topics
['murder' 'provocation' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'accumulation of Sentences' 'totality Principle' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'provocation' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'accumulation of Sentences' 'totality Principle' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal Sentence for Two Counts of Murder / Sentencing After Judge Alone Trial and Verdicts of Guilty of Murder

Legal Issues

  1. 1 ["Whether the offender's sentences for two murders should be greater or lesser than the standard non-parole period for murder." 'Whether the offences were planned or pre-meditated, or otherwise aggravated or mitigated under s 21A of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the offender should receive any reduction under s 22A of the Crimes (Sentencing Procedure) Act 1999 for co-operation in the presentation of evidence at trial.' 'To what extent the sentences for the two murders should be concurrent or cumulative, having regard to the fact that two lives were taken in one confrontation.' 'At trial, whether the Crown had disproved the partial defence of provocation beyond reasonable doubt.']

Ratio Decidendi

The two murders were senseless, violent, unprovoked killings at point blank range and fell in the mid-range of objective seriousness. Although the offences were not proved to be planned or pre-meditated and the origin of the revolver could not be resolved for sentencing purposes, there was little mitigating or aggravating material justifying a departure from the 20-year standard non-parole period for each murder. Because the offender took two lives, significant accumulation was required, but the totality principle required recognition that the offences occurred within seconds as part of the same confrontation. A five-year accumulation produced a total sentence of 31 years' imprisonment,...

Court Disposition

Offender sentenced for two counts of murder to a total sentence of 31 years' imprisonment, with earliest eligibility for release on parole on 27 June 2035.

Orders

  • ['In relation to the murder of Samuel Willis, the offender is sentenced to imprisonment comprising a non-parole period of 20 years commencing on 28 June 2010 and expiring on 27 June 2030, with a balance of term of six years.' 'In relation to the murder of Luke Willis, the offender is sentenced to imprisonment...