R v MEYN, John Michael (No 6) [2013] NSWSC 243

R v MEYN, John Michael (No 6) [2013] NSWSC 243

The offence was an unplanned domestic murder arising from an explosion of rage after the offender provoked Ms Rathbone. The Court was satisfied beyond reasonable doubt that the offender bashed and strangled her, that his aggression quickly dwarfed any aggression by her, and that for a brief period he intended to kill her. Alcohol did not materially affect his self-control, though it may have made him slightly more aggressive. The offence was savage but spontaneous, slightly below the middle of the range of objective seriousness for murder, with no established remorse, no significant prior convictions, moderate risk of future domestic violence, and significant need for deterrence,...

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty After Plea of Not Guilty
Outcome
Offender convicted and sentenced to imprisonment for murder.
Legal Topics
['murder' 'domestic Homicide' 'intoxication' 'self Defence Rejected by Jury' 'intent to Kill' 'mitigating Factors' 'remorse' 'general Deterrence' 'retribution' 'denunciation']
['criminal Law' 'sentencing'] ['murder' 'domestic Homicide' 'intoxication' 'self Defence Rejected by Jury' 'intent to Kill' 'mitigating Factors' 'remorse' 'general Deterrence' 'retribution' 'denunciation']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Jury Verdict of Guilty After Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the offender intended to kill or only to inflict grievous bodily harm.' "Whether any element of self-defence reduced the offender's culpability notwithstanding the jury's verdict." "Whether intoxication materially affected the offender's self-control, capacity to form intent, or perception of events." 'Whether aggravating or mitigating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 were established, including planning, prior record, prospects of rehabilitation and remorse.' 'What sentence and non-parole period should be imposed for the murder.']

Ratio Decidendi

The offence was an unplanned domestic murder arising from an explosion of rage after the offender provoked Ms Rathbone. The Court was satisfied beyond reasonable doubt that the offender bashed and strangled her, that his aggression quickly dwarfed any aggression by her, and that for a brief period he intended to kill her. Alcohol did not materially affect his self-control, though it may have made him slightly more aggressive. The offence was savage but spontaneous, slightly below the middle of the range of objective seriousness for murder, with no established remorse, no significant prior convictions, moderate risk of future domestic violence, and significant need for deterrence,...

Court Disposition

Offender convicted and sentenced to imprisonment for murder.

Orders

  • ['John Michael Meyn, for the murder of Yvette Rathbone, is convicted.' 'The offender is sentenced to a non-parole period of sixteen years and six months imprisonment commencing on 8 April 2011 and ending on 7 October 2027.' 'The offender is sentenced to an additional term of five years and six months commencing on 8...