R v Smith (No 2) [2023] NSWSC 435

R v Smith (No 2) [2023] NSWSC 435

The murder was of medium objective seriousness but involved extreme brutality against a vulnerable 77-year-old man in his home, followed by ransacking and theft, while the offender was on conditional liberty for prior violent offending. The offender's moral culpability was reduced by the Bugmy principle and by the causal contribution of PTSD and Borderline Personality Disorder, but she showed no remorse and her prospects of rehabilitation were uncertain. A determinate sentence of 24 years with a 15-year non-parole period was appropriate, with a varied ratio to reflect Bugmy considerations and the need for lengthy parole supervision.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Sentence for Murder / After Jury Verdict of Guilty; Sentence Hearing
Outcome
The offender was sentenced to a total term of imprisonment of 24 years, comprising a non-parole period of 15 years and a balance of term of 9 years.
Legal Topics
['murder' 'standard Non Parole Period' 'objective Seriousness' 'bugmy Principle' 'mental Health and Moral Culpability' 'victim Impact Statement' 'conditional Liberty' 'prospects of Rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'objective Seriousness' 'bugmy Principle' 'mental Health and Moral Culpability' 'victim Impact Statement' 'conditional Liberty' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Sentence for Murder / After Jury Verdict of Guilty; Sentence Hearing

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's conviction for murder." 'Whether the offence warranted life imprisonment or a determinate sentence.' "How the offender's childhood deprivation and trauma, PTSD and Borderline Personality Disorder affected moral culpability and sentencing purposes." "Whether aggravating features included the deceased's vulnerability, the offence occurring in his home, the brutality of the attack, and the offender being on conditional liberty." "Whether the offender's psoriasis and need for supervision justified adjustment of the non-parole period or special circumstances."]

Ratio Decidendi

The murder was of medium objective seriousness but involved extreme brutality against a vulnerable 77-year-old man in his home, followed by ransacking and theft, while the offender was on conditional liberty for prior violent offending. The offender's moral culpability was reduced by the Bugmy principle and by the causal contribution of PTSD and Borderline Personality Disorder, but she showed no remorse and her prospects of rehabilitation were uncertain. A determinate sentence of 24 years with a 15-year non-parole period was appropriate, with a varied ratio to reflect Bugmy considerations and the need for lengthy parole supervision.

Court Disposition

The offender was sentenced to a total term of imprisonment of 24 years, comprising a non-parole period of 15 years and a balance of term of 9 years.

Orders

  • ['The sentence is to date from 1 October 2021 and expire on 30 September 2045.' 'The offender will become eligible for release to parole when the non-parole period expires on 30 September 2036.' 'Section 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) applies to the offender.']