REGINA v WRIGHT [2001] NSWSC 1050

REGINA v WRIGHT [2001] NSWSC 1050

The offender intentionally killed Mrs Peggy Serone in a premeditated, brutal and cowardly attack in her home. His drug use did not materially affect culpability, his asserted remorse was not accepted as genuine, and the only real mitigation was relative immaturity and the public interest in rehabilitation. Taking into account the aggravated robbery with wounding on the Form 1 and applying a 12 percent discount for the guilty plea, a sentence of twenty-two years' imprisonment was imposed with no special circumstances found.

Jurisdiction
Australia
Judgment Date
13 September 2001
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Guilty Plea
Outcome
The offender was sentenced to a term of twenty-two years' imprisonment commencing on 27 October 1999 and eligible for release on parole on 26 April 2016.
Legal Topics
['murder' 'guilty Plea Discount' 'premeditation' 'drug Intoxication' 'remorse' 'rehabilitation' 'form 1 Offence' 'aggravated Robbery With Wounding' 'parole Eligibility']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea Discount' 'premeditation' 'drug Intoxication' 'remorse' 'rehabilitation' 'form 1 Offence' 'aggravated Robbery With Wounding' 'parole Eligibility']

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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 Mrs Peggy Serone.' "What discount should be allowed for the utilitarian benefit of the offender's guilty plea." "Whether drug intoxication, troubled childhood, alleged remorse, relative immaturity and prospects of rehabilitation mitigated the offender's culpability or sentence." 'Whether the offence of aggravated robbery with wounding should be taken into account on a Form 1.' 'Whether special circumstances existed.']

Ratio Decidendi

The offender intentionally killed Mrs Peggy Serone in a premeditated, brutal and cowardly attack in her home. His drug use did not materially affect culpability, his asserted remorse was not accepted as genuine, and the only real mitigation was relative immaturity and the public interest in rehabilitation. Taking into account the aggravated robbery with wounding on the Form 1 and applying a 12 percent discount for the guilty plea, a sentence of twenty-two years' imprisonment was imposed with no special circumstances found.

Court Disposition

The offender was sentenced to a term of twenty-two years' imprisonment commencing on 27 October 1999 and eligible for release on parole on 26 April 2016.

Orders

  • ["David Andrew Wright, for the murder of Mrs Peggy Serone, taking into account the offence referred to in the Form 1 and the discount for the plea of guilty, is sentenced to a term of twenty-two years' imprisonment commencing on 27 October 1999." 'The earliest date upon which David Andrew Wright will be eligible for...