R v Whitmore; R v Whitmore [2009] NSWSC 520

R v Whitmore; R v Whitmore [2009] NSWSC 520

Because it could not be determined beyond reasonable doubt which of the two co-offenders inflicted the fatal wound, each had to be sentenced independently on the basis applicable to that offender. Katrina Megan Whitmore was sentenced for murder on the basis that she did not inflict the fatal wound but adverted to the possibility that Frederick Whitmore might intentionally inflict grievous bodily harm with a knife. Frederick Reyon Whitmore was sentenced for manslaughter on the agreed basis that he did not inflict the fatal wound, did not know who did, and appreciated the risk of serious injury by taking and using a knife while aware Katrina might also have one.

Jurisdiction
Australia
Judgment Date
10 June 2009
Procedural Posture
Criminal Sentencing / Sentence After Katrina Megan Whitmore Was Convicted of Murder and Frederick Reyon Whitmore Pleaded Guilty to Manslaughter
Outcome
Katrina Megan Whitmore was sentenced for murder and Frederick Reyon Whitmore was sentenced for manslaughter.
Legal Topics
['murder' 'manslaughter' 'co Offenders' 'lethal Stabbing' 'non Parole Period' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'manslaughter' 'co Offenders' 'lethal Stabbing' 'non Parole Period' 'victim Impact Statements']

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Procedural Posture

Criminal Sentencing / Sentence After Katrina Megan Whitmore Was Convicted of Murder and Frederick Reyon Whitmore Pleaded Guilty to Manslaughter

Legal Issues

  1. 1 ['Whether Katrina Megan Whitmore should be sentenced on the basis that she inflicted the lethal wound or on the basis that she assisted or encouraged Frederick Whitmore while aware he might use a knife to intentionally inflict grievous bodily harm.' 'Whether Frederick Reyon Whitmore should be sentenced on the agreed basis that he did not inflict the fatal wound and did not advert to the possibility that death or grievous bodily harm would be intentionally inflicted.' 'What sentences, non-parole periods and balance of terms were appropriate having regard to the objective seriousness, subjective circumstances, plea, custody served and statutory ratio.' 'Whether victim impact statements could affect the length of sentence for unlawful killing.']

Ratio Decidendi

Because it could not be determined beyond reasonable doubt which of the two co-offenders inflicted the fatal wound, each had to be sentenced independently on the basis applicable to that offender. Katrina Megan Whitmore was sentenced for murder on the basis that she did not inflict the fatal wound but adverted to the possibility that Frederick Whitmore might intentionally inflict grievous bodily harm with a knife. Frederick Reyon Whitmore was sentenced for manslaughter on the agreed basis that he did not inflict the fatal wound, did not know who did, and appreciated the risk of serious injury by taking and using a knife while aware Katrina might also have one.

Court Disposition

Katrina Megan Whitmore was sentenced for murder and Frederick Reyon Whitmore was sentenced for manslaughter.

Orders

  • ["Katrina Megan Whitmore is sentenced to a non-parole period of 10 years' imprisonment commencing on 20 February 2009 and a balance of term of 4 years commencing on 21 February 2019 and ending on 19 February 2023." 'The earliest date upon which Katrina Megan Whitmore can be eligible to be considered for release on...