R v Day [2010] NSWSC 983

R v Day [2010] NSWSC 983

Although the offender intended to kill the deceased and the murder by ligature strangulation was brutal and senseless, the offence was found to fall slightly below the middle of the range of objective seriousness because it was a spontaneous reaction. A non-parole period shorter than the 20-year standard non-parole period was warranted principally because of the early guilty plea, the 25% utilitarian discount, demonstrated contrition and some prospects of rehabilitation, while recognising the seriousness of the criminality.

Jurisdiction
Australia
Judgment Date
01 September 2010
Procedural Posture
Criminal Sentencing for Murder / Remarks on Sentence After Plea of Guilty
Outcome
The offender was sentenced for murder to imprisonment with a non-parole period of 14 years and 6 months and a total sentence of 19 years and 4 months.
Legal Topics
['murder' 'ligature Strangulation' 'former De Facto Partner' 'plea of Guilty' 'standard Non Parole Period' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'ligature Strangulation' 'former De Facto Partner' 'plea of Guilty' 'standard Non Parole Period' 'victim Impact Statements']

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Procedural Posture

Criminal Sentencing for Murder / Remarks on Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Deirdre Joy Burton." 'Whether the offence fell within the middle of the range of objective seriousness for murder for the purposes of the standard non-parole period.' "What weight should be given to aggravating and mitigating factors, including use of a ligature, the deceased's home, the guilty plea, contrition, criminal history and prospects of rehabilitation."]

Ratio Decidendi

Although the offender intended to kill the deceased and the murder by ligature strangulation was brutal and senseless, the offence was found to fall slightly below the middle of the range of objective seriousness because it was a spontaneous reaction. A non-parole period shorter than the 20-year standard non-parole period was warranted principally because of the early guilty plea, the 25% utilitarian discount, demonstrated contrition and some prospects of rehabilitation, while recognising the seriousness of the criminality.

Court Disposition

The offender was sentenced for murder to imprisonment with a non-parole period of 14 years and 6 months and a total sentence of 19 years and 4 months.

Orders

  • ['For the murder of Deirdre Joy Burton the offender is sentenced to a non-parole period of 14 years and 6 months imprisonment to commence on 30 May 2009 and to expire on 29 November 2023.' 'The offender is sentenced to a total sentence of 19 years and 4 months imprisonment to expire on 29 September 2028.' 'The...