R v Raymond Roff [2016] NSWSC 1151

R v Raymond Roff [2016] NSWSC 1151

Given the gravity of the planned and premeditated murder, committed in company and involving subterfuge and stupefaction of the victim for personal gain, and in the absence of remorse, a sentence exceeding the standard non-parole period is warranted. The unique combination of aggravating factors and the lack of mitigating explanation beyond background and prior good character justified a non-parole period of 24 years and a total term of 32 years, with parole eligibility at the expiry of the non-parole period. The firearms offence, in the absence of aggravation, is appropriately disposed of by way of a fine.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty; sentenced to imprisonment for murder and fined for firearms offence.
Legal Topics
['sentencing' 'murder' 'firearms Offences']
['criminal Law'] ['sentencing' 'murder' 'firearms Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder involving planning, company, and absence of remorse' 'Consideration of mitigating and aggravating factors under Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Appropriate penalty for unauthorised firearms possession']

Ratio Decidendi

Given the gravity of the planned and premeditated murder, committed in company and involving subterfuge and stupefaction of the victim for personal gain, and in the absence of remorse, a sentence exceeding the standard non-parole period is warranted. The unique combination of aggravating factors and the lack of mitigating explanation beyond background and prior good character justified a non-parole period of 24 years and a total term of 32 years, with parole eligibility at the expiry of the non-parole period. The firearms offence, in the absence of aggravation, is appropriately disposed of by way of a fine.

Court Disposition

Guilty; sentenced to imprisonment for murder and fined for firearms offence.

Orders

  • ['Raymond Isaac Roff is sentenced to imprisonment for a non-parole period of 24 years to commence on 9 August 2013 and to expire on 8 August 2037, and a balance of term of 8 years to commence on 9 August 2037 and to expire on 8 August 2045 for the murder of Alois Rez.' 'Raymond Isaac Roff will be eligible for...