R v Cleverly [2004] NSWSC 1279

R v Cleverly [2004] NSWSC 1279

The murder was at the higher end of objective seriousness because it was a premeditated, intentional ligature strangulation of a vulnerable family member in her own home, with no objective mitigating features, no remorse, and later section 32 offences connected with a fabricated false trail. Although life imprisonment was not called for, the seriousness of the offence, protection of the community, retribution and deterrence required a very long sentence, moderated to some extent by the prisoner's youth, lack of prior criminal record, and brain injury affecting judgment.

Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Conviction
Outcome
Sentence imposed: imprisonment for 24 years commencing on 9 February 2003, with a non-parole period of 18 years and earliest eligibility for release on parole on 8 February 2021.
Legal Topics
['murder' 'plea of Not Guilty' 'non Parole Period' 'section 32 Offences Taken Into Account' 'objective Seriousness' 'mitigating Factors' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'plea of Not Guilty' 'non Parole Period' 'section 32 Offences Taken Into Account' 'objective Seriousness' 'mitigating Factors' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Conviction

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's murder of Susan Smith after a jury conviction." 'Whether the murder called for the maximum penalty of life imprisonment under s.61(1) of the Crimes (Sentencing Procedure) Act 1999.' 'What mitigating matters should be taken into account, including youth, absence of prior criminal record, and brain injury.' "What effect should be given to the prisoner's continued denial of responsibility and absence of remorse." "Whether the prisoner's attempts to lay a false trail were relevant to prospects of rehabilitation." 'What impact should be given to the two offences admitted under section 32 of the Crimes (Sentencing Procedure) Act 1999 relating to the home invasion.']

Ratio Decidendi

The murder was at the higher end of objective seriousness because it was a premeditated, intentional ligature strangulation of a vulnerable family member in her own home, with no objective mitigating features, no remorse, and later section 32 offences connected with a fabricated false trail. Although life imprisonment was not called for, the seriousness of the offence, protection of the community, retribution and deterrence required a very long sentence, moderated to some extent by the prisoner's youth, lack of prior criminal record, and brain injury affecting judgment.

Court Disposition

Sentence imposed: imprisonment for 24 years commencing on 9 February 2003, with a non-parole period of 18 years and earliest eligibility for release on parole on 8 February 2021.

Orders

  • ['Richard Cleverly is sentenced to imprisonment for a period of 24 years commencing on 9 February 2003.' 'A non-parole period of 18 years is set from 9 February 2003.' 'The earliest date on which Richard Cleverly will be eligible for release on parole is 8 February 2021.']