R v Evans; Evans; XE (No 2) [2021] NSWSC 885

R v Evans; Evans; XE (No 2) [2021] NSWSC 885

Keith Evans was sentenced on the basis that he directly and deliberately discharged a loaded 12-gauge shotgun at the back-seat occupants of the Kluger at virtually point blank range with an intention to kill one or more of them, and that he had earlier committed a planned, weapon-assisted wounding offence in company. John Evans was sentenced on the basis that he was a leader of the joint criminal enterprise, deliberately drove and positioned the Triton so Keith Evans would discharge the shotgun, and intended one or more occupants of the Kluger would be killed. XE was sentenced on the basis that she participated in the joint criminal enterprise, assisted in locating and communicating with...

Jurisdiction
Australia
Judgment Date
22 July 2021
Procedural Posture
Sentence / Sentencing After Jury Verdicts of Guilty
Outcome
Each offender was sentenced to imprisonment. Keith Evans received an aggregate sentence for murder and wounding with intent. John Evans and XE were sentenced for murder.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'objective Seriousness' 'victim Impact Statements' 'non Parole Period' 'publication Restriction']
['criminal Law' 'sentencing'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'objective Seriousness' 'victim Impact Statements' 'non Parole Period' 'publication Restriction']

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

Sentence / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Keith Evans, John Evans and XE for murder.' 'What aggregate sentence should be imposed on Keith Evans for murder and wounding with intent to cause grievous bodily harm.' 'Whether John Evans and XE were liable for murder on the basis of joint criminal enterprise or extended joint criminal enterprise.' 'The objective seriousness of the murder, including motive, use of a weapon, risk to others, and offending in company.' "Whether provocation mitigated the objective seriousness of Keith Evans' wounding offence or murder offence." "Whether Keith Evans' pre-trial offer to plead to a lesser charge had utilitarian value." "The relevance of each offender's subjective circumstances, remorse, criminal history, prospects of rehabilitation and special circumstances."]

Ratio Decidendi

Keith Evans was sentenced on the basis that he directly and deliberately discharged a loaded 12-gauge shotgun at the back-seat occupants of the Kluger at virtually point blank range with an intention to kill one or more of them, and that he had earlier committed a planned, weapon-assisted wounding offence in company. John Evans was sentenced on the basis that he was a leader of the joint criminal enterprise, deliberately drove and positioned the Triton so Keith Evans would discharge the shotgun, and intended one or more occupants of the Kluger would be killed. XE was sentenced on the basis that she participated in the joint criminal enterprise, assisted in locating and communicating with...

Court Disposition

Each offender was sentenced to imprisonment. Keith Evans received an aggregate sentence for murder and wounding with intent. John Evans and XE were sentenced for murder.

Orders

  • ['Keith Evans: aggregate sentence of 32 years imprisonment, backdated to commence on 4 July 2017 and to expire on 3 July 2049, with a non-parole period of 22 years and 4 months, to expire on 3 November 2039.' 'Keith Evans: indicative sentence for murder of 30 years imprisonment with a non-parole period of 21 years.'...