R v Burns [2021] NSWSC 1536

R v Burns [2021] NSWSC 1536

For the purpose of sentence, the Court found beyond reasonable doubt that the knife used was the offender's pocket folding knife, not the large SPIKA hunting knife; the offender formed the intention to rob the deceased's household while being driven away after the first visit and armed himself as he approached the house on the second visit; the stabbing was deliberate and not accidental; and the stabbing was committed with an intention to cause really serious harm, but that intention was formed spontaneously during the struggle while the offender was trying to escape being held by the deceased.

Jurisdiction
Australia
Judgment Date
29 November 2021
Procedural Posture
Sentencing for Murder After Plea of Guilty / Hearing as to Contested Facts Before Sentence; Sentence Hearing Stood Over Part Heard
Outcome
Offender to be sentenced in accordance with the findings of fact recorded in the judgment; sentence hearing stood over part-heard to 28 January 2022.
Legal Topics
['murder' 'constructive Murder' 'armed Robbery and Wounding' 'contested Facts on Sentence' 'intention to Cause Grievous Bodily Harm' 'accidental Stabbing']
['criminal Law' 'sentencing'] ['murder' 'constructive Murder' 'armed Robbery and Wounding' 'contested Facts on Sentence' 'intention to Cause Grievous Bodily Harm' 'accidental Stabbing']

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

Sentencing for Murder After Plea of Guilty / Hearing as to Contested Facts Before Sentence; Sentence Hearing Stood Over Part Heard

Legal Issues

  1. 1 ["Whether the knife used to stab the deceased was a large SPIKA hunting knife or the offender's pocket folding knife." 'Whether the stab wound was inflicted accidentally or deliberately.' 'Whether, if the stabbing was deliberate, the offender intended to cause really serious harm to the deceased.' 'When the intention to rob and any intention to cause really serious harm were formed.']

Ratio Decidendi

For the purpose of sentence, the Court found beyond reasonable doubt that the knife used was the offender's pocket folding knife, not the large SPIKA hunting knife; the offender formed the intention to rob the deceased's household while being driven away after the first visit and armed himself as he approached the house on the second visit; the stabbing was deliberate and not accidental; and the stabbing was committed with an intention to cause really serious harm, but that intention was formed spontaneously during the struggle while the offender was trying to escape being held by the deceased.

Court Disposition

Offender to be sentenced in accordance with the findings of fact recorded in the judgment; sentence hearing stood over part-heard to 28 January 2022.

Orders

  • ['Offender to be sentenced in accordance with the findings of fact recorded in this judgment.' 'Sentence hearing stood over part-heard to 28 January 2022.']