R v Ray [2013] NSWSC 767

R v Ray [2013] NSWSC 767

The offender murdered Ms Perry by intentionally inflicting really serious bodily harm in a savage unarmed assault. The offence was gravely serious because of the violence used, the victim's extreme vulnerability, the offender's serious history of violence, and the fact that the offence was committed while he was on parole and subject to an ADVO. Any reduction in moral culpability and general deterrence arising from possible brain injury was minimal, remorse was not accepted, rehabilitation prospects were bleak, and personal deterrence and community protection were significant. A finite sentence of 24 years with a non-parole period of 18 years was appropriate.

Jurisdiction
Australia
Judgment Date
12 June 2013
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty
Outcome
Convicted and sentenced to imprisonment for 24 years with a non-parole period of 18 years.
Legal Topics
['murder' 'intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'victim Vulnerability' 'parole Breach' 'apprehended Domestic Violence Order Breach' 'future Dangerousness' 'rehabilitation Prospects' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'victim Vulnerability' 'parole Breach' 'apprehended Domestic Violence Order Breach' 'future Dangerousness' 'rehabilitation Prospects' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Ms Priscilla Perry." 'Whether the offence warranted a life sentence or a significant finite custodial sentence.' "How the offender's prior violence, commission of the offence while on parole and subject to an ADVO, victim vulnerability, remorse, rehabilitation prospects and possible brain injury affected sentence."]

Ratio Decidendi

The offender murdered Ms Perry by intentionally inflicting really serious bodily harm in a savage unarmed assault. The offence was gravely serious because of the violence used, the victim's extreme vulnerability, the offender's serious history of violence, and the fact that the offence was committed while he was on parole and subject to an ADVO. Any reduction in moral culpability and general deterrence arising from possible brain injury was minimal, remorse was not accepted, rehabilitation prospects were bleak, and personal deterrence and community protection were significant. A finite sentence of 24 years with a non-parole period of 18 years was appropriate.

Court Disposition

Convicted and sentenced to imprisonment for 24 years with a non-parole period of 18 years.

Orders

  • ['Convicted.' 'Sentenced to imprisonment comprising a non-parole period of 18 years and a balance of the term of the sentence of 6 years.' 'The sentence will date from 12 August 2011.' 'The offender will become eligible for release on parole after the non-parole period expires on 11 August 2029.']