R v Gavin John De Beyer [2017] NSWSC 1700

R v Gavin John De Beyer [2017] NSWSC 1700

The offence is a serious act of domestic violence murder, falling in the mid-range of objective gravity, for which the appropriate sentence is 25 years imprisonment with a non-parole period of 19 years, having regard to the offender's lack of remorse, ongoing denial of guilt, background of violence, absence of provocation, and the need for personal and general deterrence.

Parties
Crown: Regina; Offender: Gavin John De Beyer
Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Criminal Sentence / Sentence After Conviction at Trial
Outcome
Offender sentenced to imprisonment for 25 years with a non-parole period of 19 years, commencing 1 February 2016.
Legal Topics
Murder, Domestic Violence, Sentencing
Criminal Law Murder Domestic Violence Sentencing

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Parties

Regina

Crown

Gavin John De Beyer

Offender

Procedural Posture

Criminal Sentence / Sentence After Conviction at Trial

Legal Issues

  1. 1 What is the appropriate sentence for the offender found guilty of murder in the context of domestic violence?
  2. 2 What is the objective gravity of the offence and the offender's subjective case?
  3. 3 Are there any special circumstances justifying a departure from the standard non-parole period?

Ratio Decidendi

The offence is a serious act of domestic violence murder, falling in the mid-range of objective gravity, for which the appropriate sentence is 25 years imprisonment with a non-parole period of 19 years, having regard to the offender's lack of remorse, ongoing denial of guilt, background of violence, absence of provocation, and the need for personal and general deterrence.

Court Disposition

Offender sentenced to imprisonment for 25 years with a non-parole period of 19 years, commencing 1 February 2016.

Orders

  • Offender sentenced to a non-parole period of 19 years commencing 1 February 2016 and expiring 31 January 2035.
  • Balance of term of 6 years commencing 1 February 2035 and expiring 31 January 2041.