R v Lockett [2013] NSWSC 1555

R v Lockett [2013] NSWSC 1555

The offender deliberately struck the deceased on the head with what he thought was a pole, intending to inflict grievous bodily harm, thereby making a substantial contribution to the death. Although this was a cowardly and serious act of violence against an outnumbered victim at his home, the objective seriousness was below the middle of the scale for murder because the Crown did not contend that the offender deliberately discharged the shotgun, contemplated its discharge, intended to kill, knew it was loaded, or knew it was a gun before discharge, and because his involvement was relatively spontaneous. His offending while on conditional liberty aggravated the sentence, while his...

Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Criminal Sentencing for Murder / Remarks on Sentence After Jury Verdict of Guilty
Outcome
Convicted and sentenced to imprisonment for 18 years with a non-parole period of 13 years and a balance of term of 5 years.
Legal Topics
['murder' 'parity' 'special Circumstances' 'non Parole Period' 'remorse' 'rehabilitation' 'conditional Liberty']
['criminal Law' 'sentencing'] ['murder' 'parity' 'special Circumstances' 'non Parole Period' 'remorse' 'rehabilitation' 'conditional Liberty']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Murder / Remarks on Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Wallace Ruiz-Sanchez." 'Whether and how the parity principle should be applied having regard to Carl Brown and the other offenders.' 'Whether the offender knew the weapon was a gun before it discharged and how that affected objective seriousness.' 'Whether aggravating and mitigating factors, including conditional liberty, remorse, rehabilitation prospects and special circumstances, were established.']

Ratio Decidendi

The offender deliberately struck the deceased on the head with what he thought was a pole, intending to inflict grievous bodily harm, thereby making a substantial contribution to the death. Although this was a cowardly and serious act of violence against an outnumbered victim at his home, the objective seriousness was below the middle of the scale for murder because the Crown did not contend that the offender deliberately discharged the shotgun, contemplated its discharge, intended to kill, knew it was loaded, or knew it was a gun before discharge, and because his involvement was relatively spontaneous. His offending while on conditional liberty aggravated the sentence, while his...

Court Disposition

Convicted and sentenced to imprisonment for 18 years with a non-parole period of 13 years and a balance of term of 5 years.

Orders

  • ['Samuel Lockett is convicted of the murder of Wallace Ruiz-Sanchez.' 'The offender is sentenced to a term of imprisonment of 18 years consisting of a non-parole period of 13 years commencing on 18 November 2010 and expiring on 17 November 2023.' 'A balance of term of 5 years is set commencing on 18 November 2023...