R v Ruttley (No 7) [2017] NSWSC 1582

R v Ruttley (No 7) [2017] NSWSC 1582

The offender, Troy Jason Ruttley, is sentenced to a term of 24 years' imprisonment for the murder of Johann Morgan, comprising a non-parole period of 18 years and a balance of term of 6 years, due to the mid-range objective seriousness of the offence, aggravating factors such as prior violent convictions and the offence occurring in the victim's home, and limited mitigation for social disadvantage and executive dysfunction. The offender's prospects for rehabilitation are acknowledged but are limited by absence of remorse.

Parties
Crown: Regina; Offender: Troy Jason Ruttley
Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Murder, Sentencing, Intent to Cause Grievous Bodily Injury, Domestic Violence, Indigenous Offender, Objective Seriousness, Moral Culpability, Rehabilitation
Criminal Law Murder Sentencing Intent to Cause Grievous Bodily Injury Domestic Violence Indigenous Offender Objective Seriousness Moral Culpability +1 more

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Parties

Regina

Crown

Troy Jason Ruttley

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder with intent to cause grievous bodily injury
  2. 2 Consideration of offender's disadvantaged background and prior convictions
  3. 3 Assessment of moral culpability and prospects of rehabilitation

Ratio Decidendi

The offender, Troy Jason Ruttley, is sentenced to a term of 24 years' imprisonment for the murder of Johann Morgan, comprising a non-parole period of 18 years and a balance of term of 6 years, due to the mid-range objective seriousness of the offence, aggravating factors such as prior violent convictions and the offence occurring in the victim's home, and limited mitigation for social disadvantage and executive dysfunction. The offender's prospects for rehabilitation are acknowledged but are limited by absence of remorse.

Court Disposition

Convicted and sentenced

Orders

  • Offender is sentenced to a non-parole period of 18 years commencing 21 December 2015 and concluding 20 December 2033.
  • A balance of term of 6 years commencing 21 December 2033 and concluding 20 December 2039.