R v Crickitt (No 2) [2017] NSWSC 542

R v Crickitt (No 2) [2017] NSWSC 542

The offence was well above the midrange for murder because the offender intentionally killed his wife after about 48 hours of premeditation, planned and obtained fast-acting insulin through his position as a doctor, and committed an egregious breach of trust against his wife and patient by injecting her with a lethal dose and leaving her to die. The case did not meet the statutory threshold for life imprisonment. The offender's age, depressive illness, physical health conditions, onerous custody, good character, absence of prior convictions and trial admissions mitigated sentence, but his lack of remorse, guarded rehabilitation, high moral culpability, need for denunciation, general...

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Criminal Sentence for Murder / Sentencing After Verdict of Guilty Following Judge Alone Trial
Outcome
Offender sentenced to imprisonment for 27 years with a non-parole period of 20 years and 3 months.
Legal Topics
['murder' 'life Imprisonment' 'standard Non Parole Period' 'objective Seriousness' 'premeditation and Planning' 'breach of Trust' 'victim Impact Statements' 'remorse' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'life Imprisonment' 'standard Non Parole Period' 'objective Seriousness' 'premeditation and Planning' 'breach of Trust' 'victim Impact Statements' 'remorse' 'general Deterrence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Verdict of Guilty Following Judge Alone Trial

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Christine Crickitt." 'Whether the criteria for a sentence of life imprisonment under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) were established.' "How the objective seriousness of the offence should be assessed, including intention to kill, motive, premeditation, planning, breach of trust and commission of the offence in the victim's home." 'Whether aggravating factors under s 21A(2)(cb), s 21A(2)(eb), s 21A(2)(k) or s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (NSW) applied.' "What weight should be given to the offender's subjective circumstances, including age, health, good character, absence of prior convictions, lack of remorse, co-operation by admissions, and conditions of custody." 'Whether special circumstances should be found.']

Ratio Decidendi

The offence was well above the midrange for murder because the offender intentionally killed his wife after about 48 hours of premeditation, planned and obtained fast-acting insulin through his position as a doctor, and committed an egregious breach of trust against his wife and patient by injecting her with a lethal dose and leaving her to die. The case did not meet the statutory threshold for life imprisonment. The offender's age, depressive illness, physical health conditions, onerous custody, good character, absence of prior convictions and trial admissions mitigated sentence, but his lack of remorse, guarded rehabilitation, high moral culpability, need for denunciation, general...

Court Disposition

Offender sentenced to imprisonment for 27 years with a non-parole period of 20 years and 3 months.

Orders

  • ['For the murder of Christine Crickitt, the offender is sentenced to imprisonment for 27 years with a non-parole period of 20 years and 3 months, commencing 2 December 2016 and expiring 1 March 2037 and a balance of term of 6 years and 9 months expiring 1 December 2043.' 'The offender will not be eligible for...