R v Rajapakse (No 3) [2024] NSWSC 1642

R v Rajapakse (No 3) [2024] NSWSC 1642

The offender is convicted of murder after trial. Sentence imposed is 18 years’ non-parole and 24 years’ head due to objective seriousness just below mid-range, aggravating circumstance (on bail, use of weapon), poor prospects of rehabilitation, absence of remorse, limited moderation for childhood disadvantage and efficient trial conduct, but no special circumstances for parole ratio variation. Period on remand is considered under sentencing statutes.

Parties
Crown: Rex; Offender: Russel Rajapakse
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Criminal / Sentencing After Trial
Outcome
The offender, Russel Rajapakse, is convicted of murder and sentenced to 24 years’ imprisonment with a non-parole period of 18 years.
Legal Topics
Murder, Sentencing, Use of Weapon, Aggravating Factors, Mitigating Factors, Objective Seriousness, Bugmy Principles
Criminal Law Murder Sentencing Use of Weapon Aggravating Factors Mitigating Factors Objective Seriousness Bugmy Principles

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Parties

Rex

Crown

Russel Rajapakse

Offender

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of murder?
  2. 2 Does the offender's background and application of Bugmy principles reduce moral culpability?
  3. 3 Were aggravating and mitigating factors adequately considered in sentencing?

Ratio Decidendi

The offender is convicted of murder after trial. Sentence imposed is 18 years’ non-parole and 24 years’ head due to objective seriousness just below mid-range, aggravating circumstance (on bail, use of weapon), poor prospects of rehabilitation, absence of remorse, limited moderation for childhood disadvantage and efficient trial conduct, but no special circumstances for parole ratio variation. Period on remand is considered under sentencing statutes.

Court Disposition

The offender, Russel Rajapakse, is convicted of murder and sentenced to 24 years’ imprisonment with a non-parole period of 18 years.

Orders

  • Russel Rajapakse is convicted of the murder of Corey Breceljnik.
  • A sentence of imprisonment is imposed: non-parole period of 18 years commencing from 15 July 2021; head sentence of 24 years.