REGINA v DALTON [2005] NSWSC 351

REGINA v DALTON [2005] NSWSC 351

Although the offences of soliciting the murders of Amy Kyle and Troy Scott were objectively serious and involved substantial moral and criminal culpability, the offender's conduct was an aberration significantly contributed to by personal disadvantage, poor health, grief, psychological distress and social isolation. The solicitation of Troy Scott was especially serious because it related to his custody proceedings, but the two offences were closely connected and were to be served concurrently. A 15 percent utilitarian discount was allowed for the guilty pleas, and special circumstances justified a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
15 April 2005
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty to Two Offences of Soliciting a Person to Murder
Outcome
The offender was sentenced to three years and eleven months expiring on 14 March 2009 with a non-parole period of one year and seven months expiring on 14 November 2006, and was directed to be released to parole at the expiration of the non-parole period.
Legal Topics
['sentencing' 'soliciting Murder' 'guilty Plea' 'undercover Police Evidence' 'aboriginal Offender' 'subjective Circumstances' 'non Parole Period' 'concurrent Sentences']
['criminal Law'] ['sentencing' 'soliciting Murder' 'guilty Plea' 'undercover Police Evidence' 'aboriginal Offender' 'subjective Circumstances' 'non Parole Period' 'concurrent Sentences']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty to Two Offences of Soliciting a Person to Murder

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of soliciting a person to murder Amy Jean Kyle and Troy Andrew Scott.' 'Whether the offender was manipulated or pressured by the undercover police officer into committing the offences.' "How the offender's Aboriginal background, poor health, grief, anxiety, panic attacks, psychological distress and social isolation affected moral culpability and sentence." "Whether the solicitation of Troy Scott was made more serious because he had taken legal proceedings relating to custody of the offender's grandchild." 'Whether the two offences should be treated as part of the same episode of criminality and served concurrently.' 'What discount should be given for the late guilty pleas.']

Ratio Decidendi

Although the offences of soliciting the murders of Amy Kyle and Troy Scott were objectively serious and involved substantial moral and criminal culpability, the offender's conduct was an aberration significantly contributed to by personal disadvantage, poor health, grief, psychological distress and social isolation. The solicitation of Troy Scott was especially serious because it related to his custody proceedings, but the two offences were closely connected and were to be served concurrently. A 15 percent utilitarian discount was allowed for the guilty pleas, and special circumstances justified a reduced non-parole period.

Court Disposition

The offender was sentenced to three years and eleven months expiring on 14 March 2009 with a non-parole period of one year and seven months expiring on 14 November 2006, and was directed to be released to parole at the expiration of the non-parole period.

Orders

  • ['The offender is sentenced to serve a non-parole period of one year and seven months, expiring on 14 November 2006.' 'The offender is sentenced to an additional term of two years and four months, expiring on 14 March 2009.' 'The offender is to be released to parole at the expiration of the non-parole period.' 'The...