R v Stefanato [2023] NSWSC 73

R v Stefanato [2023] NSWSC 73

Intentionally killing a defenceless woman by shooting her in the head at close range is an extraordinarily callous and gravely serious act of murder. While mitigating factors existed including lack of prior convictions, genuine remorse, and a guilty plea with assistance to police, the objective seriousness warranted a lengthy custodial sentence reduced for plea and assistance.

Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['murder' 'sentencing' 'mitigation' 'firearm Offence']
['crime'] ['murder' 'sentencing' 'mitigation' 'firearm Offence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for murder' 'Mitigating factors for murder' 'Relevance of guilty plea and assistance' 'Objective seriousness of murder' 'Sentencing for related firearm offence']

Ratio Decidendi

Intentionally killing a defenceless woman by shooting her in the head at close range is an extraordinarily callous and gravely serious act of murder. While mitigating factors existed including lack of prior convictions, genuine remorse, and a guilty plea with assistance to police, the objective seriousness warranted a lengthy custodial sentence reduced for plea and assistance.

Court Disposition

Convicted and sentenced

Orders

  • ['For murder: Sentenced to imprisonment for 18 years and 2 months, with a non-parole period of 13 years and 7 months. Sentence to date from 18 October 2021. Eligible for parole on 17 May 2035.' 'For possessing firearm without licence or permit: Convicted, no penalty imposed.']