R v DS; R v DM [2020] NSWSC 422

R v DS; R v DM [2020] NSWSC 422

DS's criminality is less than DM's, as his involvement in the murder was limited to constructive murder and he played a passive role in the deceased's killing without evidence of intent to kill or knowledge of DM's intention; youth, borderline intellectual functioning, and genuine remorse were relevant, justifying special circumstances for juvenile detention and adjustment of the parole ratio. DM's criminality was substantially above the mid-range due to deliberate violent conduct, planned robbery, adult-like behaviour, and aggravating circumstances including victim vulnerability; while mental illness reduced moral culpability and general deterrence, specific deterrence and protection of...

Parties
Offender: DS; Offender: DM; Crown: Director of Public Prosecutions NSW
Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal / Sentence
Outcome
Both offenders convicted and sentenced to terms of imprisonment as specified.
Legal Topics
Sentencing, Murder, Constructive Murder, Aggravated Taking of Motor Vehicle, Armed Robbery With Wounding, Wounding With Intent to Cause Grievous Bodily Harm, Youth in Sentencing, Mitigatory Effect of Youth, Mental Disorder in Sentencing, Special Circumstances
Criminal Law Sentencing Murder Constructive Murder Aggravated Taking of Motor Vehicle Armed Robbery With Wounding Wounding With Intent to Cause Grievous Bodily Harm Youth in Sentencing +3 more

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Parties

DS

Offender

DM

Offender

Director of Public Prosecutions NSW

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentences for murder and associated offences committed by young offenders
  2. 2 Application of principles relevant to youth and mental disorder in sentencing
  3. 3 Consideration of provisional sentence under s 60B of Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

DS's criminality is less than DM's, as his involvement in the murder was limited to constructive murder and he played a passive role in the deceased's killing without evidence of intent to kill or knowledge of DM's intention; youth, borderline intellectual functioning, and genuine remorse were relevant, justifying special circumstances for juvenile detention and adjustment of the parole ratio. DM's criminality was substantially above the mid-range due to deliberate violent conduct, planned robbery, adult-like behaviour, and aggravating circumstances including victim vulnerability; while mental illness reduced moral culpability and general deterrence, specific deterrence and protection of...

Court Disposition

Both offenders convicted and sentenced to terms of imprisonment as specified.

Orders

  • DS convicted and sentenced to 6 years and 4 months for aggravated taking and driving motor vehicle (no non-parole period), 15 years and 4 months for murder (non-parole period of 10 years and 9 months), total imprisonment 18 years and 4 months, eligible for parole on 7 January 2031, term expires 6 August 2035, to...
  • DM convicted and sentenced to 11 years and 8 months for armed robbery with wounding (no non-parole period), 9 years for aggravated taking and driving motor vehicle (no non-parole period), 12 years and 6 months for wounding with intent (no non-parole period), 31 years and 6 months for murder (non-parole period of 23...