R v Willetts and Gurney [2009] NSWSC 1201

R v Willetts and Gurney [2009] NSWSC 1201

The murder was a sustained and vicious armed attack by both offenders upon a 61 year old victim, involving multiple severe wounds, continuation after the victim was prone, and gratuitous genital mutilation, but the agreement to kill was spontaneous rather than premeditated. Taking account of Mr Gurney's psychological condition arising from sexual abuse, Mr Willetts' lesser role in the mutilation, the guilty pleas, Mr Gurney's offer of assistance, and each offender's subjective circumstances, the offence was markedly above the mid range for offences of this type but not approaching the worst case, warranting lengthy non-parole periods and head sentences.

Jurisdiction
Australia
Judgment Date
04 November 2009
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
Both offenders were convicted and sentenced for the murder of Frederick Doldissen. Aaron John Willetts was also convicted and sentenced for damage property by fire.
Legal Topics
['murder' 'joint Criminal Enterprise' 'damage Property by Fire' 'objective Gravity' 'guilty Plea Discount' 'general Deterrence' 'moral Culpability']
['criminal Law' 'sentencing'] ['murder' 'joint Criminal Enterprise' 'damage Property by Fire' 'objective Gravity' 'guilty Plea Discount' 'general Deterrence' 'moral Culpability']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Frederick Doldissen committed in a spontaneous joint criminal enterprise to kill.' 'Whether the murder was in the high range of objective gravity, close to a worst case, or no higher than mid range.' "How Mr Gurney's experience of sexual abuse by the victim and related psychological condition affected moral culpability, personal deterrence and rehabilitation." "What discount should be allowed for the late pleas of guilty and, in Mr Gurney's case, his offer of assistance to the Crown." 'What sentence should be imposed on Mr Willetts for damaging property by fire as part of attempts to destroy evidence of the murder.']

Ratio Decidendi

The murder was a sustained and vicious armed attack by both offenders upon a 61 year old victim, involving multiple severe wounds, continuation after the victim was prone, and gratuitous genital mutilation, but the agreement to kill was spontaneous rather than premeditated. Taking account of Mr Gurney's psychological condition arising from sexual abuse, Mr Willetts' lesser role in the mutilation, the guilty pleas, Mr Gurney's offer of assistance, and each offender's subjective circumstances, the offence was markedly above the mid range for offences of this type but not approaching the worst case, warranting lengthy non-parole periods and head sentences.

Court Disposition

Both offenders were convicted and sentenced for the murder of Frederick Doldissen. Aaron John Willetts was also convicted and sentenced for damage property by fire.

Orders

  • ['Ryan Gurney is convicted of the murder of Frederick Doldissen and sentenced to a non parole period of 18 years, to date from 23 March 2009, expiring 22 March 2027, with a balance of term of 6 years, expiring 22 March 2033, and is eligible for release on 23 March 2027.' 'Aaron Willetts is convicted of the murder of...