R v Goodwin [2004] NSWSC 757

R v Goodwin [2004] NSWSC 757

The offender, having pleaded guilty to two counts of murder committed in circumstances of emotional disturbance following marital separation, nevertheless acted in a planned and premeditated manner and with intent. The sentence reflects both the gravity of the crimes and mitigation for mental state, prior good character, and utilitarian value of the plea. A total effective sentence of 33 years with accumulation and a non-parole period of 21.5 years was appropriate.

Parties
Crown: Regina; Offender: Robert Craig Goodwin
Jurisdiction
Australia
Judgment Date
12 August 2004
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to terms of imprisonment for two counts of murder, with specified non-parole periods and accumulation.
Legal Topics
Murder, Sentencing, Multiple Offences, Mitigation, Plea of Guilty
Criminal Law Murder Sentencing Multiple Offences Mitigation Plea of Guilty

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Parties

Regina

Crown

Robert Craig Goodwin

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for two counts of murder
  2. 2 Effect of mental state and provocation on sentence
  3. 3 Appropriate level of accumulation for multiple murders

Ratio Decidendi

The offender, having pleaded guilty to two counts of murder committed in circumstances of emotional disturbance following marital separation, nevertheless acted in a planned and premeditated manner and with intent. The sentence reflects both the gravity of the crimes and mitigation for mental state, prior good character, and utilitarian value of the plea. A total effective sentence of 33 years with accumulation and a non-parole period of 21.5 years was appropriate.

Court Disposition

Offender sentenced to terms of imprisonment for two counts of murder, with specified non-parole periods and accumulation.

Orders

  • For the murder of the offender's wife: term of imprisonment with non-parole period of 16.5 years from 1 March 2003 expiring 31 August 2019. Balance of term: 5.5 years from 1 September 2019.
  • For the murder of Mr Clarke: term of imprisonment with non-parole period of 16.5 years from 1 March 2008 expiring 31 August 2024, the date for parole consideration. Balance: 5.5 years from 31 August 2024 expiring 28 February 2030.