R v Brenda Haines [2015] NSWSC 390

R v Brenda Haines [2015] NSWSC 390

The proper sentence for the murder was a fixed term not exceeding the earlier 17 year limiting term. The attack involved use of a knife on a vulnerable shopkeeper, was somewhat sustained, and caused death, but the Court was not satisfied of an intention to kill or significant premeditation and treated the plea as admitting at least an intention to inflict grievous bodily harm. The prisoner's deprived upbringing, Aboriginal heritage, impaired cognitive functioning, drug-related psychosis, mental health history, remorse and plea of guilty were relevant, but did not justify a sentence below the imposed term beyond a 15% plea discount. The period on bail at the secure Bunya Unit was treated...

Jurisdiction
Australia
Judgment Date
16 April 2015
Procedural Posture
Criminal Sentencing for Murder / Sentence After Plea of Guilty
Outcome
The Prisoner was sentenced to imprisonment with a non-parole period of 12 years and 9 months from 3 March 2001 and a further term of 4 years and 3 months; the Court recorded that she became eligible for parole on 3 December 2013.
Legal Topics
['murder' 'victim Impact Statement' 'mental Health and Fitness to Be Tried' 'non Parole Period' 'period on Bail in Mental Institution Treated as Custody' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['murder' 'victim Impact Statement' 'mental Health and Fitness to Be Tried' 'non Parole Period' 'period on Bail in Mental Institution Treated as Custody' 'plea of Guilty Discount']

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 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's murder of Haibo Wang committed on 3 March 2001." 'Whether the sentence could exceed the 17 year limiting term nominated after the special hearing.' "What allowance should be made for the prisoner's plea of guilty." 'Whether the period on bail residing at the Bunya Unit of Cumberland Hospital should be treated as the equivalent of custody.' 'Whether special circumstances should be found to reduce the non-parole period.' 'Whether victim impact statements from family victims should be taken into account.']

Ratio Decidendi

The proper sentence for the murder was a fixed term not exceeding the earlier 17 year limiting term. The attack involved use of a knife on a vulnerable shopkeeper, was somewhat sustained, and caused death, but the Court was not satisfied of an intention to kill or significant premeditation and treated the plea as admitting at least an intention to inflict grievous bodily harm. The prisoner's deprived upbringing, Aboriginal heritage, impaired cognitive functioning, drug-related psychosis, mental health history, remorse and plea of guilty were relevant, but did not justify a sentence below the imposed term beyond a 15% plea discount. The period on bail at the secure Bunya Unit was treated...

Court Disposition

The Prisoner was sentenced to imprisonment with a non-parole period of 12 years and 9 months from 3 March 2001 and a further term of 4 years and 3 months; the Court recorded that she became eligible for parole on 3 December 2013.

Orders

  • ['The Prisoner is sentenced to imprisonment for a non-parole period of 12 years and 9 months from 3 March 2001, together with a further term of 4 years and 3 months.' 'The date upon which it appears to the Court that the Prisoner became eligible for parole is 3 December 2013.' "The Court recommends to the Ageing,...