R v Edwards [2009] NSWSC 164

R v Edwards [2009] NSWSC 164

The sentence imposed for the murder reflects the offender’s plea of guilty, contrition, lack of premeditation, and background, while giving weight to the seriousness and aggravating features, including the offender's criminal record and breach of a bond at the time of the offence. The offence falls slightly below the middle of the range of objective seriousness. A non-parole period of 14 years and an overall sentence of 18 years and 8 months are appropriate, both terms commencing 23 February 2008.

Parties
Prosecution: Regina; Offender: Deon James Edwards
Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a non-parole period of 14 years with an overall sentence of 18 years 8 months imprisonment for murder. Both terms to commence 23 February 2008. Non-parole period expires 22 February 2022; total term expires 22 October 2026.
Legal Topics
Sentencing, Murder, Plea of Guilty, Aboriginal Offender, Domestic Violence
Criminal Law Sentencing Murder Plea of Guilty Aboriginal Offender Domestic Violence

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Parties

Regina

Prosecution

Deon James Edwards

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder following plea of guilty
  2. 2 Assessment of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999
  3. 3 Consideration of offender's background, including Aboriginality and history of substance abuse

Ratio Decidendi

The sentence imposed for the murder reflects the offender’s plea of guilty, contrition, lack of premeditation, and background, while giving weight to the seriousness and aggravating features, including the offender's criminal record and breach of a bond at the time of the offence. The offence falls slightly below the middle of the range of objective seriousness. A non-parole period of 14 years and an overall sentence of 18 years and 8 months are appropriate, both terms commencing 23 February 2008.

Court Disposition

Offender sentenced to a non-parole period of 14 years with an overall sentence of 18 years 8 months imprisonment for murder. Both terms to commence 23 February 2008. Non-parole period expires 22 February 2022; total term expires 22 October 2026.

Orders

  • Offender sentenced to imprisonment for 18 years 8 months, non-parole period of 14 years, both commencing 23 February 2008.
  • Eligible for parole on 22 February 2022.