R v Breen [2015] NSWSC 1757

R v Breen [2015] NSWSC 1757

The murders were of extremely high objective seriousness and justified non-parole periods well above the standard non-parole period, but s 61(1) was not engaged because the offences had not been plotted or planned in advance and the offender had very reasonable prospects of rehabilitation, supported by genuine remorse. Given the exceptional heinousness of the offending, no reduction was allowed for the guilty pleas. Separate sentences were imposed for each murder, with the sentence for Paul Breen increased for the nine Form 1 offences and partly accumulated to reflect totality.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Pleas of Guilty
Outcome
Offender convicted of two murders and sentenced to a total term of imprisonment of 42 years with a non-parole period of 33 years; earliest eligibility for parole is 28 March 2046.
Legal Topics
['murder' 'plea of Guilty' 'form 1 Offences' 'life Imprisonment' 'aggravating Factors' 'rehabilitation' 'victim Impact Statements' 'totality']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'form 1 Offences' 'life Imprisonment' 'aggravating Factors' 'rehabilitation' 'victim Impact Statements' 'totality']

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ["Whether the offender's level of culpability for the two murders was so extreme that s 61(1) of the Crimes (Sentencing Procedure) Act, 1999 required sentences of imprisonment for life." 'Whether the murders were premeditated or planned in advance.' 'What aggravating and mitigating factors applied under s 21A of the Crimes (Sentencing Procedure) Act, 1999.' "Whether a reduction in sentence should be allowed for the offender's pleas of guilty." 'How to structure sentences for the two murders, including the nine Form 1 offences, consistently with totality.']

Ratio Decidendi

The murders were of extremely high objective seriousness and justified non-parole periods well above the standard non-parole period, but s 61(1) was not engaged because the offences had not been plotted or planned in advance and the offender had very reasonable prospects of rehabilitation, supported by genuine remorse. Given the exceptional heinousness of the offending, no reduction was allowed for the guilty pleas. Separate sentences were imposed for each murder, with the sentence for Paul Breen increased for the nine Form 1 offences and partly accumulated to reflect totality.

Court Disposition

Offender convicted of two murders and sentenced to a total term of imprisonment of 42 years with a non-parole period of 33 years; earliest eligibility for parole is 28 March 2046.

Orders

  • ['In relation to the offence of murdering Felicia Crawford, the offender was sentenced to imprisonment consisting of a non-parole period of 26 years commencing on 29 March 2013 and expiring on 28 March 2039, with a balance of term of 8 years commencing on 29 March 2041 and concluding on 28 March 2047.' 'In relation...