Regina v Willard [2005] NSWSC 402

Regina v Willard [2005] NSWSC 402

The offender planned, organised and instigated the deliberate shooting murder of her husband for anticipated insurance benefits, recruited and assisted the participants, helped stage the scene as a robbery, and showed no remorse. The offence was towards the upper end of seriousness and aggravated by the use of a weapon and planned criminal activity, but it did not warrant life imprisonment because it fell short of the most extreme category, the planning was haphazard and clumsy, the actual participants were not professional killers, the offender posed no real future risk after a substantial sentence, and she had some prospects of rehabilitation. A 20-year standard non-parole period was...

Jurisdiction
Australia
Judgment Date
28 April 2005
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty
Outcome
The accused was sentenced to 36 years imprisonment for murder with a non-parole period of 26 years, backdated to 3 March 2003.
Legal Topics
['murder' 'premeditated Killing' 'contract Killing' 'life Imprisonment' 'standard Non Parole Period' 'aggravating Factors' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'premeditated Killing' 'contract Killing' 'life Imprisonment' 'standard Non Parole Period' 'aggravating Factors' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What facts relevant to sentence were proved beyond reasonable doubt or on the balance of probabilities.' 'Whether the offender organised and instigated the murder of her husband for financial gain.' 'Whether aggravating or mitigating factors under the Crimes (Sentencing Procedure) Act 1999 affected sentence.' 'Whether a sentence of imprisonment for life should be imposed.' 'What overall sentence and non-parole period should be fixed for murder.']

Ratio Decidendi

The offender planned, organised and instigated the deliberate shooting murder of her husband for anticipated insurance benefits, recruited and assisted the participants, helped stage the scene as a robbery, and showed no remorse. The offence was towards the upper end of seriousness and aggravated by the use of a weapon and planned criminal activity, but it did not warrant life imprisonment because it fell short of the most extreme category, the planning was haphazard and clumsy, the actual participants were not professional killers, the offender posed no real future risk after a substantial sentence, and she had some prospects of rehabilitation. A 20-year standard non-parole period was...

Court Disposition

The accused was sentenced to 36 years imprisonment for murder with a non-parole period of 26 years, backdated to 3 March 2003.

Orders

  • ['Michelle Willard is sentenced to a term of 36 years imprisonment to date from 3 March 2003.' 'The sentence will expire on 2 March 2039.' 'A non-parole period of 26 years is fixed.' 'The balance of the sentence is to be for a further ten years.' 'The first date on which the offender will be eligible for...