Carr v R [2009] NSWSC 995

Carr v R [2009] NSWSC 995

The appropriate sentence was a non-parole period of 12 years with an additional term of 4 years because the murder was an impulsive, unplanned single stab wound committed while the offender was affected by methylamphetamine, without an intention to kill but with an intention to inflict grievous bodily harm, placing it moderately below the mid range of objective seriousness; however, aggravating factors included the actual use of a weapon, a child witnessing the stabbing, the offender's relevant prior record and the fact that he offended while on conditional liberty, while mitigating considerations included youth, difficult background, a 15% discount for the guilty plea and some prospect...

Jurisdiction
Australia
Judgment Date
21 September 2009
Procedural Posture
Criminal Sentence for Murder / Sentencing After Guilty Plea
Outcome
The offender was convicted of murder and sentenced to a non-parole period of 12 years with an additional term of 4 years.
Legal Topics
['murder' 'guilty Plea' 'aboriginal Offender' 'single Stab Wound' 'objective Seriousness' 'non Parole Period' 'voluntary Drug Ingestion']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'aboriginal Offender' 'single Stab Wound' 'objective Seriousness' 'non Parole Period' 'voluntary Drug Ingestion']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for murder committed by a young Aboriginal offender who pleaded guilty.' 'Whether the offending fell below the mid range of objective seriousness for murder.' "How the offender's youth, background, drug ingestion, criminal record, conditional liberty, plea of guilty and prospects of rehabilitation should affect sentence."]

Ratio Decidendi

The appropriate sentence was a non-parole period of 12 years with an additional term of 4 years because the murder was an impulsive, unplanned single stab wound committed while the offender was affected by methylamphetamine, without an intention to kill but with an intention to inflict grievous bodily harm, placing it moderately below the mid range of objective seriousness; however, aggravating factors included the actual use of a weapon, a child witnessing the stabbing, the offender's relevant prior record and the fact that he offended while on conditional liberty, while mitigating considerations included youth, difficult background, a 15% discount for the guilty plea and some prospect...

Court Disposition

The offender was convicted of murder and sentenced to a non-parole period of 12 years with an additional term of 4 years.

Orders

  • ['Andrew Wayne Carr you are convicted of the offence of murder.' 'I sentence you to a non-parole period of 12 years to commence on 25 September 2008 and expire on 24 September 2020 with an additional term of 4 years to commence on 25 September 2020 and expire on 24 September 2024. The first day you will be eligible...