R v Dargin [2000] NSWSC 710

R v Dargin [2000] NSWSC 710

The offender brutally attacked and killed a 72 year old woman in her home while intending to steal or rob her, and contemporaneously committed an aggravated sexual assault taken into account on a Form 1. The Court was not satisfied beyond reasonable doubt that the offender intended to kill or attempted to strangle the victim, and sentenced on the basis of intent to cause grievous bodily harm. Intoxication was given little weight either way; the late guilty plea attracted utilitarian credit but there was no evidence of remorse. The offender's youth, Aboriginal background, strict protection custody, and need for rehabilitation and supervision constituted special circumstances warranting a...

Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea to Murder, With a Form 1 Offence of Aggravated Sexual Assault Taken Into Account
Outcome
The offender was sentenced to 19 years imprisonment with a non-parole period of 14 years.
Legal Topics
['murder' 'aggravated Sexual Assault' 'guilty Plea' 'intoxication' 'aboriginal Offender' 'form 1 Offences' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'aggravated Sexual Assault' 'guilty Plea' 'intoxication' 'aboriginal Offender' 'form 1 Offences' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea to Murder, With a Form 1 Offence of Aggravated Sexual Assault Taken Into Account

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Estelle Winifred Featherstone." 'Whether the Form 1 aggravated sexual assault should be taken into account on sentence.' "Whether the offender's intent should be treated as intent to kill or intent to cause grievous bodily harm." "How the offender's intoxication, Aboriginal background, youth, criminal history, guilty plea, and strict protection custody should affect sentence." 'Whether special circumstances justified variation from the statutory ratio for the non-parole period.']

Ratio Decidendi

The offender brutally attacked and killed a 72 year old woman in her home while intending to steal or rob her, and contemporaneously committed an aggravated sexual assault taken into account on a Form 1. The Court was not satisfied beyond reasonable doubt that the offender intended to kill or attempted to strangle the victim, and sentenced on the basis of intent to cause grievous bodily harm. Intoxication was given little weight either way; the late guilty plea attracted utilitarian credit but there was no evidence of remorse. The offender's youth, Aboriginal background, strict protection custody, and need for rehabilitation and supervision constituted special circumstances warranting a...

Court Disposition

The offender was sentenced to 19 years imprisonment with a non-parole period of 14 years.

Orders

  • ['William Roy Dargin, for the murder of Estelle Winifred Featherstone, is sentenced to 19 years imprisonment commencing on 1 April 1999 and concluding on 31 March 2018.' 'A non-parole period of 14 years is fixed, expiring on 31 March 2013.' 'The first date on which the offender will become eligible for release on...