R v Marcus John Lee [2012] NSWSC 1240

R v Marcus John Lee [2012] NSWSC 1240

The offender deliberately used multiple items to obstruct the deceased's breathing and was proved beyond reasonable doubt to have intended to kill her. The murder fell squarely within the mid range of objective seriousness, with disposal of the deceased's body to avoid detection operating as an aggravating factor. Mitigating matters included the absence of a significant criminal history, the fact that the offence was not part of planned or organised criminal activity, contrition and remorse evidenced by admissions, voluntary surrender and confession, and a 25% reduction for the early guilty plea. Because the reasons for the offending remained unexplained and no evidence supported...

Jurisdiction
Australia
Judgment Date
19 October 2012
Procedural Posture
Criminal Sentence for Murder / Committed for Sentence After Plea of Guilty Before the Local Court; Offender Adhered to Plea on Arraignment
Outcome
Offender convicted of murder and sentenced to imprisonment for a total term of 18 years with a non-parole period of 13 years and 6 months.
Legal Topics
['murder' 'early Plea of Guilty' 'voluntary Surrender and Confession' 'intention to Kill' 'aggravating Factors' "disposal of Deceased's Body" 'remorse and Contrition' 'special Circumstances' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'early Plea of Guilty' 'voluntary Surrender and Confession' 'intention to Kill' 'aggravating Factors' "disposal of Deceased's Body" 'remorse and Contrition' 'special Circumstances' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Committed for Sentence After Plea of Guilty Before the Local Court; Offender Adhered to Plea on Arraignment

Legal Issues

  1. 1 ['Whether the offender intended to kill the deceased or intended only to inflict grievous bodily harm.' 'Whether the killing was spontaneous or involved some deliberation.' "Whether the offender's disposal of the deceased's body was an aggravating factor." 'Where the offence fell within the range of objective seriousness for murder.' "What mitigating effect should be given to the offender's plea of guilty, remorse, voluntary surrender and lack of significant criminal history." 'Whether special circumstances were made out under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender deliberately used multiple items to obstruct the deceased's breathing and was proved beyond reasonable doubt to have intended to kill her. The murder fell squarely within the mid range of objective seriousness, with disposal of the deceased's body to avoid detection operating as an aggravating factor. Mitigating matters included the absence of a significant criminal history, the fact that the offence was not part of planned or organised criminal activity, contrition and remorse evidenced by admissions, voluntary surrender and confession, and a 25% reduction for the early guilty plea. Because the reasons for the offending remained unexplained and no evidence supported...

Court Disposition

Offender convicted of murder and sentenced to imprisonment for a total term of 18 years with a non-parole period of 13 years and 6 months.

Orders

  • ['The offender is convicted of the murder of Trisha Cobeanou.' 'The offender is sentenced to a non-parole period of 13 years and 6 months imprisonment, commencing on 9 May 2011 and ending on 8 November 2024, with an additional period of 4 years and 6 months imprisonment commencing on 9 November 2024 and ending on 8...