R v Parkes (No 3) [2024] NSWSC 910

R v Parkes (No 3) [2024] NSWSC 910

The murder was above the mid-range of objective seriousness because it was planned, committed in company as part of a joint criminal enterprise, occurred in the context of drug dealing, had a financial motive, involved isolating the deceased before taking her to remote bushland where she had no chance of escape, and resulted in her being bashed to death. The offender was not to receive a reduction for assistance, the conduct of the trial, remorse, or an offer to plead to a less serious offence. His criminal history disentitled him to leniency, but totality, reasonable prospects of rehabilitation, and harsher custodial conditions due to mental health, former OMCG membership, protection...

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Sentence for Murder / Sentencing After Jury Verdict of Guilty
Outcome
Offender convicted of murder and sentenced to imprisonment for 31 years with a non-parole period of 21 years and 6 months.
Legal Topics
['murder' 'joint Criminal Enterprise' 'objective Seriousness' 'non Parole Period' 'special Circumstances' 'remorse' 'rehabilitation' 'hardship in Custody' 'totality']
['criminal Law' 'sentencing'] ['murder' 'joint Criminal Enterprise' 'objective Seriousness' 'non Parole Period' 'special Circumstances' 'remorse' 'rehabilitation' 'hardship in Custody' 'totality']

Case Brief

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Procedural Posture

Sentence for Murder / Sentencing After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What facts should be found for sentence consistently with the jury's verdict, including whether the offender or co-offender committed the physical acts causing death." 'The objective seriousness of the murder committed as part of a joint criminal enterprise.' 'Whether the offender should receive any reduction for remorse, assistance, or the manner in which the trial was conducted.' 'How the totality principle should apply given other sentences served from 14 August 2020.' 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period due to harsher custodial conditions.']

Ratio Decidendi

The murder was above the mid-range of objective seriousness because it was planned, committed in company as part of a joint criminal enterprise, occurred in the context of drug dealing, had a financial motive, involved isolating the deceased before taking her to remote bushland where she had no chance of escape, and resulted in her being bashed to death. The offender was not to receive a reduction for assistance, the conduct of the trial, remorse, or an offer to plead to a less serious offence. His criminal history disentitled him to leniency, but totality, reasonable prospects of rehabilitation, and harsher custodial conditions due to mental health, former OMCG membership, protection...

Court Disposition

Offender convicted of murder and sentenced to imprisonment for 31 years with a non-parole period of 21 years and 6 months.

Orders

  • ['For the offence of murder, Benjamin Parkes is convicted and sentenced to imprisonment for a term of 31 years to commence on 14 February 2022 and expire on 13 February 2053.' 'The non-parole period is 21 years and 6 months to commence on 14 February 2022 and expire on 13 August 2043. The offender will be eligible...