R v Brilliantes [2013] NSWSC 1693

R v Brilliantes [2013] NSWSC 1693

The offender intentionally caused grievous bodily harm by bringing a knife to a public transport interchange, using the physical supremacy it gave him, and fatally stabbing Patrick Crowe in a cowardly and senseless act that created a public safety risk. The offence was aggravated by being committed while on parole and against a background of violent offending, and specific and general deterrence and protection of the community were significant. A 25% discount was allowed for the early guilty plea, some concurrency was allowed under the totality principle, and the offender's youth, deprived background, limited remorse and substance abuse were considered, but special circumstances and good...

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Guilty Plea
Outcome
The offender was sentenced to imprisonment for murder.
Legal Topics
['murder' 'guilty Plea Discount' 'objective Seriousness' 'use of Weapon' 'aggravating Factors' 'risk to Public Safety' 'offence Committed on Parole' 'moral Culpability' 'partial Accumulation' 'totality']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea Discount' 'objective Seriousness' 'use of Weapon' 'aggravating Factors' 'risk to Public Safety' 'offence Committed on Parole' 'moral Culpability' 'partial Accumulation' 'totality']

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Patrick Crowe.' "What discount should be allowed for the offender's guilty plea." 'How the objective seriousness of the murder should be assessed, including the use of a knife and risk to public safety.' 'Whether the offence being committed while the offender was on conditional liberty aggravated the sentence.' 'Whether the sentence for murder should be accumulated with or concurrent upon earlier sentences.' "Whether the offender's subjective circumstances, remorse, youth, substance abuse and prospects of rehabilitation mitigated sentence." 'Whether special circumstances justified alteration of the non-parole period.']

Ratio Decidendi

The offender intentionally caused grievous bodily harm by bringing a knife to a public transport interchange, using the physical supremacy it gave him, and fatally stabbing Patrick Crowe in a cowardly and senseless act that created a public safety risk. The offence was aggravated by being committed while on parole and against a background of violent offending, and specific and general deterrence and protection of the community were significant. A 25% discount was allowed for the early guilty plea, some concurrency was allowed under the totality principle, and the offender's youth, deprived background, limited remorse and substance abuse were considered, but special circumstances and good...

Court Disposition

The offender was sentenced to imprisonment for murder.

Orders

  • ['For the murder of Patrick Crowe, Christopher Brilliantes is sentenced to a term of imprisonment of 18 years, commencing on 8 January 2013, with a non-parole period of 13 years and 6 months.' 'The earliest date on which Christopher Brilliantes is eligible for release to parole is 8 July 2026.']