R v AD [2024] NSWSC 444

R v AD [2024] NSWSC 444

AD was guilty of constructive murder during a specially aggravated detain for advantage, involving a serious and prolonged group assault and humiliation of a vulnerable 16-year-old, but his sentence was substantially moderated by his very young age, immaturity, disadvantaged background, lack of planning, absence of intent or contemplation of grievous bodily harm, genuine remorse, guilty plea, lack of criminal history and reasonable prospects of rehabilitation. The Court imposed a discounted sentence of 14 years and 4 months from a starting point of 18 years, with special circumstances justifying a non-parole period of 9 years and 3 months and an order that AD serve his sentence as a...

Jurisdiction
Australia
Judgment Date
24 April 2024
Procedural Posture
Sentencing for Murder / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 14 years and 4 months with a non-parole period of 9 years and 3 months.
Legal Topics
['murder' 'constructive Murder' 'juvenile Offender' 'plea of Guilty' 'doli Incapax' 'special Circumstances' 'non Parole Period' 'rehabilitation' 'remorse' 'parity']
['criminal Law' 'sentencing'] ['murder' 'constructive Murder' 'juvenile Offender' 'plea of Guilty' 'doli Incapax' 'special Circumstances' 'non Parole Period' 'rehabilitation' 'remorse' 'parity']

Case Brief

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Procedural Posture

Sentencing for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed on AD for the murder of Jason Galleghan on the basis of constructive murder.' "How the objective seriousness of the offence should be assessed given AD's role, the detention for advantage, the assault and the absence of an intent to cause grievous bodily harm." "How AD's youth, immaturity, background, remorse, plea of guilty, lack of criminal history and rehabilitation prospects should affect sentence." 'Whether special circumstances justified reducing the statutory ratio between the non-parole period and the total sentence.' 'Whether special circumstances justified an order that AD serve his sentence as a juvenile offender under s 19(1) of the Children (Criminal Proceedings) Act 1987.']

Ratio Decidendi

AD was guilty of constructive murder during a specially aggravated detain for advantage, involving a serious and prolonged group assault and humiliation of a vulnerable 16-year-old, but his sentence was substantially moderated by his very young age, immaturity, disadvantaged background, lack of planning, absence of intent or contemplation of grievous bodily harm, genuine remorse, guilty plea, lack of criminal history and reasonable prospects of rehabilitation. The Court imposed a discounted sentence of 14 years and 4 months from a starting point of 18 years, with special circumstances justifying a non-parole period of 9 years and 3 months and an order that AD serve his sentence as a...

Court Disposition

Convicted and sentenced to imprisonment for 14 years and 4 months with a non-parole period of 9 years and 3 months.

Orders

  • ['AD is convicted.' 'AD is sentenced to imprisonment comprising a non-parole period of 9 years and 3 months and a balance of the term of the sentence of 5 years and 1 month, for a total sentence of 14 years and 4 months.' 'The sentence is reduced from a starting point of 18 years.' 'The sentence is to date from 5...