R v Wicks [2009] NSWSC 266

R v Wicks [2009] NSWSC 266

The prisoner intentionally killed the victim in a sustained knife attack, but the offence was unplanned and opportunistic, occurred after the victim unexpectedly attended the prisoner's garage late at night, involved some resentment and loss of self-control, and the prisoner's judgment and control were affected to some degree by alcohol and drugs. The offence was assessed as a little below the middle of the range of objective seriousness for murder. Together with the guilty plea, remorse, absence of significant criminal history, low risk of reoffending, and good prospects of rehabilitation, this justified departing from the standard non-parole period while still giving effect to general...

Jurisdiction
Australia
Judgment Date
24 April 2009
Procedural Posture
Criminal Sentencing for Murder / Sentence After Guilty Plea
Outcome
Steven John Wicks was sentenced for murdering Gayle Wales to a non-parole period of 15 years and a balance of term of 5 years.
Legal Topics
['sentencing' 'murder' 'non Parole Period' 'guilty Plea' 'objective Seriousness' 'general Deterrence']
['criminal Law'] ['sentencing' 'murder' 'non Parole Period' 'guilty Plea' 'objective Seriousness' 'general Deterrence']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the prisoner's murder of Gayle Wales." 'Whether the offence was above, within, or below the middle of the range of objective seriousness for offences of murder.' 'Whether mitigating factors, including the guilty plea, remorse, lack of significant criminal history, substance-affected judgment, and prospects of rehabilitation, justified departure from the standard non-parole period.' 'Whether special circumstances within s 44(2) of the Crimes (Sentencing Procedure) Act should be found.']

Ratio Decidendi

The prisoner intentionally killed the victim in a sustained knife attack, but the offence was unplanned and opportunistic, occurred after the victim unexpectedly attended the prisoner's garage late at night, involved some resentment and loss of self-control, and the prisoner's judgment and control were affected to some degree by alcohol and drugs. The offence was assessed as a little below the middle of the range of objective seriousness for murder. Together with the guilty plea, remorse, absence of significant criminal history, low risk of reoffending, and good prospects of rehabilitation, this justified departing from the standard non-parole period while still giving effect to general...

Court Disposition

Steven John Wicks was sentenced for murdering Gayle Wales to a non-parole period of 15 years and a balance of term of 5 years.

Orders

  • ['For the crime of murdering Gayle Wales, Steven John Wicks is sentenced to a non-parole period of 15 years commencing on 5 February 2007 and expiring on 4 February 2022.' 'Steven John Wicks is sentenced to a balance of the term of 5 years commencing on 5 February 2022 and expiring on 4 February 2027.' 'The earliest...