R v Quinn (No 3) [2016] NSWSC 1699

R v Quinn (No 3) [2016] NSWSC 1699

The offender intentionally killed Cherie Vize by stabbing her in the neck after distress about the end of their relationship. The murder was a serious example of extreme domestic violence and fell in the middle range of objective seriousness for murder. The offender's borderline personality disorder contributed to the offending only to a small degree, reducing moral culpability only slightly. His self-inflicted quadriplegia did not constitute extra-curial punishment, but his physical disabilities and mental condition would make imprisonment substantially more onerous and warranted substantial leniency. General deterrence, denunciation, punishment and recognition of harm remained...

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Judge Alone Trial and Conviction
Outcome
For the offence of murder, the offender was sentenced to imprisonment for 20 years commencing 9 September 2015, with a non-parole period of 15 years and an additional term of 5 years.
Legal Topics
['murder' 'domestic Violence' 'standard Non Parole Period' 'mental Condition and Sentencing' 'borderline Personality Disorder' 'obsessive Compulsive Disorder' 'quadriplegia and Hardship in Custody' 'extra Curial Punishment' 'victim Impact Statement' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'domestic Violence' 'standard Non Parole Period' 'mental Condition and Sentencing' 'borderline Personality Disorder' 'obsessive Compulsive Disorder' 'quadriplegia and Hardship in Custody' 'extra Curial Punishment' 'victim Impact Statement' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Judge Alone Trial and Conviction

Legal Issues

  1. 1 ["Whether the offender's culpability for murder was so extreme that only a life sentence could meet the community interest in retribution, punishment, community protection and deterrence." 'How the standard non-parole period and maximum penalty for murder should inform the sentencing exercise.' "The extent to which the offender's borderline personality disorder and obsessive compulsive disorder reduced his moral culpability or affected sentencing purposes." "Whether the offender's self-inflicted quadriplegia amounted to extra-curial punishment or otherwise made imprisonment more onerous so as to warrant leniency." 'Whether aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) were established.' 'Whether mitigating factors including prior good character, prospects of rehabilitation, facilitation of the administration of justice and remorse were established.' 'Whether special circumstances justified reducing the non-parole period relative to the total sentence.']

Ratio Decidendi

The offender intentionally killed Cherie Vize by stabbing her in the neck after distress about the end of their relationship. The murder was a serious example of extreme domestic violence and fell in the middle range of objective seriousness for murder. The offender's borderline personality disorder contributed to the offending only to a small degree, reducing moral culpability only slightly. His self-inflicted quadriplegia did not constitute extra-curial punishment, but his physical disabilities and mental condition would make imprisonment substantially more onerous and warranted substantial leniency. General deterrence, denunciation, punishment and recognition of harm remained...

Court Disposition

For the offence of murder, the offender was sentenced to imprisonment for 20 years commencing 9 September 2015, with a non-parole period of 15 years and an additional term of 5 years.

Orders

  • ['Michael James Quinn is sentenced to a term of imprisonment of twenty years for the murder of Cherie Vize.' 'The non-parole period is fifteen years commencing on 9 September 2015.' 'The additional term is five years commencing 9 September 2030 and ending on 8 September 2035.' 'The sentence is taken to have...