R v Douglas Elwin Barlow [2013] NSWSC 217

R v Douglas Elwin Barlow [2013] NSWSC 217

The court imposed a sentence based on the offence being in the middle range of seriousness for murder, considering aggravating circumstances such as premeditation and violence, mitigating factors including provocation, intoxication, and disadvantaged background, and allowed a ten percent discount for the utilitarian value of the guilty plea. The offender was sentenced to 23 years imprisonment with a non-parole period of 17 years.

Jurisdiction
Australia
Judgment Date
21 March 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced.
Legal Topics
['murder' 'sentencing' 'mitigating and Aggravating Circumstances' 'utilitarian Plea Discount' 'fernando Principles' 'provocation' 'intoxication']
['criminal Law'] ['murder' 'sentencing' 'mitigating and Aggravating Circumstances' 'utilitarian Plea Discount' 'fernando Principles' 'provocation' 'intoxication']

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

Legal Issues

  1. 1 ['Appropriate sentence for murder given aggravating and mitigating factors' 'Whether provocation and intoxication are mitigating features' 'Discount for utilitarian value of guilty plea' 'Application of Fernando principles for Aboriginal offender']

Ratio Decidendi

The court imposed a sentence based on the offence being in the middle range of seriousness for murder, considering aggravating circumstances such as premeditation and violence, mitigating factors including provocation, intoxication, and disadvantaged background, and allowed a ten percent discount for the utilitarian value of the guilty plea. The offender was sentenced to 23 years imprisonment with a non-parole period of 17 years.

Court Disposition

Convicted and sentenced.

Orders

  • ['Douglas Elwin Barlow is convicted of murder.' 'Sentenced to 23 years imprisonment.' 'Non-parole period of 17 years commencing 17 July 2011 expiring 16 July 2028.' 'Balance of term of 6 years commencing 17 July 2028 expiring 16 July 2034.' 'Eligible for parole on 17 July 2028.']