R v Lee Thomas VERSLYUS [2006] NSWSC 188

R v Lee Thomas VERSLYUS [2006] NSWSC 188

The prisoner intentionally caused grievous bodily harm by strangling the deceased, causing her death. The offence was at least within, and toward the higher end of, the mid-range of objective seriousness for murder because strangulation was a particularly horrible death, prior threats had been made, and there was a vast physical disparity between the prisoner and the deceased. The mitigating matters did not outweigh those objective features or justify departure from the standard non-parole period, so a 20-year non-parole period was imposed with an additional term under s44 of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Criminal Sentencing for Murder / Remarks on Sentence Following Jury Conviction
Outcome
The prisoner was sentenced for murder to a non-parole period of 20 years and an additional term of 6 years and 8 months.
Legal Topics
['murder' 'standard Non Parole Period' 'objective Seriousness' 'mitigating Factors' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'objective Seriousness' 'mitigating Factors' 'victim Impact Statement']

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Procedural Posture

Criminal Sentencing for Murder / Remarks on Sentence Following Jury Conviction

Legal Issues

  1. 1 ["What objective facts should be found for sentencing following the jury's verdict of murder." 'Whether the murder fell within the mid-range of objective seriousness for the purposes of the standard non-parole period provisions.' 'Whether mitigating factors justified departure from the standard non-parole period for murder.' 'Whether the Victim Impact Statement could be taken into account in passing sentence.']

Ratio Decidendi

The prisoner intentionally caused grievous bodily harm by strangling the deceased, causing her death. The offence was at least within, and toward the higher end of, the mid-range of objective seriousness for murder because strangulation was a particularly horrible death, prior threats had been made, and there was a vast physical disparity between the prisoner and the deceased. The mitigating matters did not outweigh those objective features or justify departure from the standard non-parole period, so a 20-year non-parole period was imposed with an additional term under s44 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

The prisoner was sentenced for murder to a non-parole period of 20 years and an additional term of 6 years and 8 months.

Orders

  • ['The non-parole period is 20 years, commencing on 27 July 2004 and expiring on 26 July 2024, when the prisoner will be eligible for release on parole.' 'The additional term is 6 years and 8 months in accordance with s44 of the Crimes (Sentencing Procedure) Act 1999, commencing on 27 July 2024.']