R v Campbell [2023] NSWSC 841

R v Campbell [2023] NSWSC 841

Because the Offender intentionally killed Nicholas Robertson in an unprovoked, persistent and vicious knife attack and wounded Zane Kouaider with intent to cause grievous bodily harm while voluntarily intoxicated by methylamphetamine, with aggravating factors including weapon use, prior serious violent convictions, conditional liberty and awareness that methylamphetamine could cause violence, and with limited mitigation consisting principally of youth, rehabilitation prospects, COVID-19 custody conditions and a 10% utilitarian guilty plea discount, substantial custodial sentences were required; the methylamphetamine-induced psychosis and substance use disorder did not mitigate moral...

Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The Offender was sentenced to imprisonment for both offences, with no finding of special circumstances; the first date for eligibility for release on parole is 14 August 2041.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'self Induced Intoxication' 'methylamphetamine Induced Psychosis' 'guilty Plea Discount' 'objective Seriousness' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'self Induced Intoxication' 'methylamphetamine Induced Psychosis' 'guilty Plea Discount' 'objective Seriousness' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for murder contrary to s 18(1)(a) of the Crimes Act 1900 and wounding with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900.' "Whether the offender's methylamphetamine-induced psychosis or substance use disorder mitigated sentence or reduced moral culpability or the need for general deterrence." 'What aggravating and mitigating factors applied, including prior convictions, conditional liberty, use of a weapon, youth, rehabilitation prospects, lack of remorse, and onerous custody conditions during the COVID-19 pandemic.' 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'How totality should be reflected in the structure, concurrence and accumulation of the sentences.']

Ratio Decidendi

Because the Offender intentionally killed Nicholas Robertson in an unprovoked, persistent and vicious knife attack and wounded Zane Kouaider with intent to cause grievous bodily harm while voluntarily intoxicated by methylamphetamine, with aggravating factors including weapon use, prior serious violent convictions, conditional liberty and awareness that methylamphetamine could cause violence, and with limited mitigation consisting principally of youth, rehabilitation prospects, COVID-19 custody conditions and a 10% utilitarian guilty plea discount, substantial custodial sentences were required; the methylamphetamine-induced psychosis and substance use disorder did not mitigate moral...

Court Disposition

The Offender was sentenced to imprisonment for both offences, with no finding of special circumstances; the first date for eligibility for release on parole is 14 August 2041.

Orders

  • ['For the offence wounding of Zane Kouaider, a sentence of imprisonment comprising a non-parole period of 5 years and 4 months with a balance of term of 1 year and 10 months to commence on 15 February 2021.' 'For the offence of the murder of Nicholas Robertson, a sentence of imprisonment comprising a non-parole...