R v Bradley Douglas Cooper [2005] NSWSC 791

R v Bradley Douglas Cooper [2005] NSWSC 791

The offender Bradley Douglas Cooper was found beyond reasonable doubt to have inflicted the fatal blows with a baseball bat, and possibly an axe, resulting in the death of Dale Kevin Muldoon; the killing was not premeditated but was violent and prompted by provocation, though not enough to reduce the offence below murder. The offender's sentence was determined having regard to the statutory sentencing purposes, aggravating and mitigating factors, and the standard non-parole period. The court found reasons to impose a non-parole period shorter than the standard due to provocation and lack of premeditation.

Parties
Prosecution: Regina; Offender: Bradley Douglas Cooper
Jurisdiction
Australia
Judgment Date
05 September 2005
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to fixed term and determinate sentences for two offences; eligibility for parole determined.
Legal Topics
Murder, Attempt to Pervert the Course of Justice, Sentencing, Standard Non Parole Period, Provocation, Joint Criminal Enterprise
Criminal Law Murder Attempt to Pervert the Course of Justice Sentencing Standard Non Parole Period Provocation Joint Criminal Enterprise

Case Brief

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Parties

Regina

Prosecution

Bradley Douglas Cooper

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offender caused the death of the deceased beyond reasonable doubt
  2. 2 Whether the offender acted alone or in joint criminal enterprise with Ms Quinn
  3. 3 Appropriate sentence having regard to standard non-parole periods and sentencing purposes

Ratio Decidendi

The offender Bradley Douglas Cooper was found beyond reasonable doubt to have inflicted the fatal blows with a baseball bat, and possibly an axe, resulting in the death of Dale Kevin Muldoon; the killing was not premeditated but was violent and prompted by provocation, though not enough to reduce the offence below murder. The offender's sentence was determined having regard to the statutory sentencing purposes, aggravating and mitigating factors, and the standard non-parole period. The court found reasons to impose a non-parole period shorter than the standard due to provocation and lack of premeditation.

Court Disposition

Offender sentenced to fixed term and determinate sentences for two offences; eligibility for parole determined.

Orders

  • For attempting to pervert the course of justice: fixed term of 18 months commencing 18 June 2003.
  • For murder: non-parole period of 16.5 years commencing 18 December 2003, with total sentence of 22 years expiring 17 December 2025; eligible for parole on 17 June 2020.