R v Adam John THOMPSON [2011] NSWSC 1130

R v Adam John THOMPSON [2011] NSWSC 1130

Because the offender committed a planned armed robbery that resulted in felony murder, with objective seriousness clearly within the mid-range for murder, but also pleaded guilty at the earliest opportunity, gave minor assistance, had limited relevant prior convictions, showed some remorse, had psychological and rehabilitation issues, and special circumstances justified a longer parole period, a head sentence of 20 years with a 14-year non-parole period was appropriate.

Jurisdiction
Australia
Judgment Date
22 September 2011
Procedural Posture
Criminal Sentence for Murder / Sentencing After Plea of Guilty
Outcome
Convicted of murder and sentenced to imprisonment for a non-parole period of 14 years with a balance of term of 6 years.
Legal Topics
['murder' 'felony Murder' 'armed Robbery' 'plea of Guilty' 'objective Seriousness' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'felony Murder' 'armed Robbery' 'plea of Guilty' 'objective Seriousness' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for murder committed in the course of a planned armed robbery after a plea of guilty.' 'Whether aggravating features under s 21A of the Crimes (Sentencing Procedure) Act 1999 aggravated the offence beyond its objective seriousness.' "What weight should be given to the offender's early guilty plea, minor assistance to law enforcement, remorse, psychological circumstances, limited criminal history and special circumstances."]

Ratio Decidendi

Because the offender committed a planned armed robbery that resulted in felony murder, with objective seriousness clearly within the mid-range for murder, but also pleaded guilty at the earliest opportunity, gave minor assistance, had limited relevant prior convictions, showed some remorse, had psychological and rehabilitation issues, and special circumstances justified a longer parole period, a head sentence of 20 years with a 14-year non-parole period was appropriate.

Court Disposition

Convicted of murder and sentenced to imprisonment for a non-parole period of 14 years with a balance of term of 6 years.

Orders

  • ['Adam John Thompson, also known as Adam John Ellenor, is convicted of murder of Jay Riley on or about 14 December 2009 at Seahampton in the State of New South Wales.' 'Sentenced to imprisonment for a non-parole period of 14 years commencing 18 May 2010 and concluding 17 May 2024.' "The balance of the term is a...