R v Ratke [2023] NSWSC 1310

R v Ratke [2023] NSWSC 1310

The murder was objectively serious and approached the mid-range of objective seriousness: it involved premeditation, intentional killing, repeated use of a knife, breach of trust within a long marriage, and the victim being attacked in her home. The offender's major depressive illness with narcissistic personality traits did not reduce objective seriousness, because he knew the nature and quality of his act and was able to plan it, but it did materially and indirectly contribute to the offence and reduced his moral culpability. His early guilty plea, remorse, negligible criminal history, prior good character, low risk of reoffending, age, health issues, harsher custody during the COVID-19...

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Criminal Sentencing for Murder Contrary to S 18(1)(a) of the Crimes Act 1900 / Sentence Following Plea of Guilty
Outcome
The offender was convicted of murder and sentenced to full-time imprisonment for 17 years and 3 months with a non-parole period of 11 years, backdated to 16 December 2020.
Legal Topics
['murder' 'domestic Violence' 'guilty Plea' 'mental Health Impairment' 'moral Culpability' 'objective Seriousness' 'special Circumstances' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'domestic Violence' 'guilty Plea' 'mental Health Impairment' 'moral Culpability' 'objective Seriousness' 'special Circumstances' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder Contrary to S 18(1)(a) of the Crimes Act 1900 / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of his wife after an early plea of guilty." "Whether the offender's mental health impairment reduced objective seriousness or moral culpability." 'What weight should be given to general deterrence, specific deterrence, remorse, prior good character, age, health and hardship in custody.' 'Whether special circumstances justified a non-parole period lower than the statutory ratio and departure from the standard non-parole period.' 'Whether a life sentence was required under s 61(1) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The murder was objectively serious and approached the mid-range of objective seriousness: it involved premeditation, intentional killing, repeated use of a knife, breach of trust within a long marriage, and the victim being attacked in her home. The offender's major depressive illness with narcissistic personality traits did not reduce objective seriousness, because he knew the nature and quality of his act and was able to plan it, but it did materially and indirectly contribute to the offence and reduced his moral culpability. His early guilty plea, remorse, negligible criminal history, prior good character, low risk of reoffending, age, health issues, harsher custody during the COVID-19...

Court Disposition

The offender was convicted of murder and sentenced to full-time imprisonment for 17 years and 3 months with a non-parole period of 11 years, backdated to 16 December 2020.

Orders

  • ['The offender is convicted of murder contrary to s 18(1)(a) of the Crimes Act 1900.' 'The offender is sentenced to a non-parole period of 11 years commencing from 16 December 2020 and a head sentence of 17 years and 3 months expiring on 15 March 2038.' 'The offender will be eligible for release to parole on 15...