R v BURNES [2007] NSWSC 298

R v BURNES [2007] NSWSC 298

The offender deliberately shot the deceased three times at close range on May's command in a planned, cold-blooded murder connected with drug dealing, making the offence just outside the worst category; however, because his role was subordinate to May, he pleaded guilty, gave significant past assistance, undertook to provide crucial future assistance against May, showed genuine remorse, had mental illness that made him vulnerable to manipulation and would serve his sentence on protection, a life sentence was not imposed and a 50 per cent discount from an indicative 36-year head sentence was allowed, producing a total term of 18 years with a non-parole period of 13 years and six months.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Criminal Sentence for Murder / Remarks on Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment for murder with a non-parole period and total term fixed.
Legal Topics
['murder' 'guilty Plea' 'assistance to Authorities' 'future Assistance' 'drug Abuse' 'mental Illness' 'objective Seriousness' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'assistance to Authorities' 'future Assistance' 'drug Abuse' 'mental Illness' 'objective Seriousness' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Murder / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Andrew John Heavens after a guilty plea." 'What discount should be allowed for the plea of guilty, past assistance and promised future assistance to authorities.' "How the offender's mental illness, drug use, remorse, prospects of rehabilitation and need for protection in custody should affect sentence." "Whether the murder fell within the worst category of case and how the offender's subordinate role to May affected objective criminality."]

Ratio Decidendi

The offender deliberately shot the deceased three times at close range on May's command in a planned, cold-blooded murder connected with drug dealing, making the offence just outside the worst category; however, because his role was subordinate to May, he pleaded guilty, gave significant past assistance, undertook to provide crucial future assistance against May, showed genuine remorse, had mental illness that made him vulnerable to manipulation and would serve his sentence on protection, a life sentence was not imposed and a 50 per cent discount from an indicative 36-year head sentence was allowed, producing a total term of 18 years with a non-parole period of 13 years and six months.

Court Disposition

The offender was sentenced to imprisonment for murder with a non-parole period and total term fixed.

Orders

  • ['A non-parole period of 13 years and six months is set.' 'A total term of imprisonment of 18 years is imposed.' 'Both terms are to commence on 16 August 2006.' 'The non-parole period will expire on 16 February 2020.' 'The total term will expire on 16 August 2024.' 'The offender will be eligible for release to...