Regina v Collisson [2002] NSWSC 229

Regina v Collisson [2002] NSWSC 229

The offender shot and killed the unarmed deceased during an attempted petty robbery, using a loaded firearm and firing repeatedly in circumstances of high objective seriousness. The offence was not within the worst case category warranting life imprisonment because it was not the result of carefully planned premeditation, arose from a robbery that went wrong, and the offender had no significant prior history of violent conduct. No special circumstances were established, including no sufficient evidence of remorse and no need to extend parole for rehabilitation beyond the ordinary proportion. A sentence of 24 years with an 18 year non-parole period was therefore imposed.

Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Conviction Following a Plea of Not Guilty
Outcome
Offender sentenced to imprisonment for murder.
Legal Topics
['murder' 'life Imprisonment' 'non Parole Period' 'worst Case Sentencing' 'special Circumstances' 'victim Impact Statements' 'firearm Offending']
['criminal Law' 'sentencing'] ['murder' 'life Imprisonment' 'non Parole Period' 'worst Case Sentencing' 'special Circumstances' 'victim Impact Statements' 'firearm Offending']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Conviction Following a Plea of Not Guilty

Legal Issues

  1. 1 ["What facts relevant to sentencing should be found consistently with the jury's verdict." 'Whether the murder warranted the maximum sentence of life imprisonment under s 61 of the Crimes (Sentencing Procedure) Act.' 'Whether special circumstances justified a shorter than usual non-parole period.' 'What sentence and non-parole period should be imposed for the murder.']

Ratio Decidendi

The offender shot and killed the unarmed deceased during an attempted petty robbery, using a loaded firearm and firing repeatedly in circumstances of high objective seriousness. The offence was not within the worst case category warranting life imprisonment because it was not the result of carefully planned premeditation, arose from a robbery that went wrong, and the offender had no significant prior history of violent conduct. No special circumstances were established, including no sufficient evidence of remorse and no need to extend parole for rehabilitation beyond the ordinary proportion. A sentence of 24 years with an 18 year non-parole period was therefore imposed.

Court Disposition

Offender sentenced to imprisonment for murder.

Orders

  • ['David Leonard Collisson is sentenced to 24 years imprisonment.' 'The sentence is to commence from 8 October 2000.' 'A non-parole period of 18 years is set, commencing on 8 October 2000 and expiring on 7 October 2018.' 'The prisoner will be eligible to be released on parole on 7 October 2018.']