R v Rogers (No 9) [2019] NSWSC 1622

R v Rogers (No 9) [2019] NSWSC 1622

The offender intentionally killed his wife by smothering her with a pillow, in offending within the mid-range of objective seriousness and aggravated by being committed in her home. However, his major depressive disorder materially contributed to the offence and reduced his moral culpability; his lack of criminal history, good character, remorse, very good prospects of rehabilitation, age, ill health, onerous imprisonment and special circumstances justified a determinate sentence less than life imprisonment with a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Murder
Outcome
Convicted of murder and sentenced to imprisonment for 18 years with a non-parole period of 12 years.
Legal Topics
['murder' 'domestic Violence' 'partial Defence of Substantial Impairment' 'mental Impairment in Sentencing' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'domestic Violence' 'partial Defence of Substantial Impairment' 'mental Impairment in Sentencing' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Murder

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Anne Rogers by the offender after the jury rejected the partial defence of substantial impairment.' "Whether the offender's mental abnormality reduced his moral culpability notwithstanding the jury's verdict of murder." 'How the objective seriousness of the murder should be assessed, including intention to kill, spontaneity, and the circumstances of smothering.' "Whether the offender's age, ill health, remorse, lack of criminal history, good character and prospects of rehabilitation warranted mitigation or special circumstances."]

Ratio Decidendi

The offender intentionally killed his wife by smothering her with a pillow, in offending within the mid-range of objective seriousness and aggravated by being committed in her home. However, his major depressive disorder materially contributed to the offence and reduced his moral culpability; his lack of criminal history, good character, remorse, very good prospects of rehabilitation, age, ill health, onerous imprisonment and special circumstances justified a determinate sentence less than life imprisonment with a reduced non-parole period.

Court Disposition

Convicted of murder and sentenced to imprisonment for 18 years with a non-parole period of 12 years.

Orders

  • ['Warren Francis Rogers, for the offence of murder of Anne Rogers you are convicted.' 'Sentenced to imprisonment for 18 years commencing on 14 September 2016 expiring on 13 September 2034 with a non-parole period of 12 years expiring on 13 September 2028.' 'Eligible for release to parole on 13 September 2028.']