R v Mark Anthony COLLON [2008] NSWSC 174

R v Mark Anthony COLLON [2008] NSWSC 174

The sentence imposed reflects the offender's guilty plea, youth, extremely deprived and dysfunctional background, need for rehabilitation, and special circumstances. The offence was found to be in the mid-range of objective seriousness, with significant aggravating factors balanced against substantial mitigating factors including the offender's prospects for rehabilitation.

Parties
Crown: Regina; Accused: Mark Anthony Collon
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
Sentenced to imprisonment
Legal Topics
Murder, Sentencing, Aggravating Factors, Mitigating Factors, Special Circumstances
Criminal Law Murder Sentencing Aggravating Factors Mitigating Factors Special Circumstances

Case Brief

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Parties

Regina

Crown

Mark Anthony Collon

Accused

Procedural Posture

Criminal / Sentencing After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of murder by stabbing?
  2. 2 Are there special circumstances justifying a different parole period?
  3. 3 What aggravating and mitigating factors are present?

Ratio Decidendi

The sentence imposed reflects the offender's guilty plea, youth, extremely deprived and dysfunctional background, need for rehabilitation, and special circumstances. The offence was found to be in the mid-range of objective seriousness, with significant aggravating factors balanced against substantial mitigating factors including the offender's prospects for rehabilitation.

Court Disposition

Sentenced to imprisonment

Orders

  • Imprisonment for a term consisting of a non-parole period of 14 years and 6 months, commencing 27 October 2006 and expiring 26 April 2021.
  • Balance of the term of imprisonment is 6 years and 6 months, commencing 27 April 2021 and expiring 26 October 2027.