R v Ward [2010] NSWSC 304

R v Ward [2010] NSWSC 304

The murder was in the mid-range of objective seriousness because the offender used a motor vehicle as a dangerous weapon, deliberately drove at the deceased after opportunities to desist, and at least intended to inflict very serious injury with a very high risk of death. Her intoxication, alleged provocation and mental disorder did not reduce culpability, but her immediate and continuing remorse justified departure from the standard non-parole period. A total sentence of 25 years with a non-parole period of 18 years 9 months was imposed, with no additional punishment for the related driving matters.

Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Criminal Sentence / Sentence After Jury Conviction for Murder
Outcome
Offender sentenced to imprisonment for murder; related driving offences resulted in convictions without punishment.
Legal Topics
['murder' 'killing by Use of Motor Vehicle' 'standard Non Parole Period' 'objective Seriousness' 'aggravating Factors' 'remorse' 'mental Disorder and Intoxication' 'related Traffic Offences']
['criminal Law' 'sentencing'] ['murder' 'killing by Use of Motor Vehicle' 'standard Non Parole Period' 'objective Seriousness' 'aggravating Factors' 'remorse' 'mental Disorder and Intoxication' 'related Traffic Offences']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Jury Conviction for Murder

Legal Issues

  1. 1 ['What sentence should be imposed for murder where the offender intentionally drove a motor vehicle at the deceased and at least intended to inflict grievous bodily harm.' 'Where the offence sat in the range of objective seriousness for murder for the purpose of the standard non-parole period.' 'Whether aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 applied, including use of a weapon and risk to public safety or another person.' 'Whether remorse, mental disorder, intoxication, provocation or rehabilitation prospects mitigated the sentence.' 'How to deal with related matters under s 166 of the Criminal Procedure Act 1986 for drive with middle range PCA and drive whilst unlicensed.']

Ratio Decidendi

The murder was in the mid-range of objective seriousness because the offender used a motor vehicle as a dangerous weapon, deliberately drove at the deceased after opportunities to desist, and at least intended to inflict very serious injury with a very high risk of death. Her intoxication, alleged provocation and mental disorder did not reduce culpability, but her immediate and continuing remorse justified departure from the standard non-parole period. A total sentence of 25 years with a non-parole period of 18 years 9 months was imposed, with no additional punishment for the related driving matters.

Court Disposition

Offender sentenced to imprisonment for murder; related driving offences resulted in convictions without punishment.

Orders

  • ['The offender is sentenced to a term of imprisonment made up of a non-parole period of 18 years 9 months and a balance of term of 6 years 3 months.' 'The sentence is to commence on 7 June 2008 and the non-parole period expires on 6 March 2027.' 'The total sentence is imprisonment for 25 years and the offender...