R v Shillingsworth [2023] NSWSC 453

R v Shillingsworth [2023] NSWSC 453

The appropriate sentence for the offender is imprisonment for 13 years and 6 months (after 25% discount for guilty plea), with a non-parole period of 9 years and 6 months and a balance of 4 years, commencing 11 May 2021. The sentence reflects the lower part of mid-range seriousness for constructive murder, taking into account the offender's role, presence, subjective factors including youth, past trauma, mental health issues, remorse, limited planning, and prospects of rehabilitation. Special circumstances exist justifying a non-parole period less than 75% of the total. The sentence also ensures notional concurrency with earlier sentences and avoids being 'crushing'.

Parties
Crown: Rex; Offender: Shillingsworth
Jurisdiction
Australia
Judgment Date
01 May 2023
Procedural Posture
Sentence / Sentencing Judgment After Guilty Plea
Outcome
Offender sentenced for murder to imprisonment for a non-parole period of 9 years and 6 months commencing 11 May 2021, expiring 10 November 2030, and a balance of term of 4 years expiring 10 November 2034.
Legal Topics
Sentencing, Constructive Murder, Aggravating and Mitigating Factors, Parity, Special Circumstances
Criminal Law Sentencing Constructive Murder Aggravating and Mitigating Factors Parity Special Circumstances

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Parties

Rex

Crown

Shillingsworth

Offender

Procedural Posture

Sentence / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for constructive murder where the offender participated in a joint criminal enterprise to assault with intent to rob while armed, resulting in a death?
  2. 2 To what extent should the offender's youth, mental health, remorse, and prospects of rehabilitation mitigate the sentence?
  3. 3 Should special circumstances be found, affecting the non-parole period ratio?

Ratio Decidendi

The appropriate sentence for the offender is imprisonment for 13 years and 6 months (after 25% discount for guilty plea), with a non-parole period of 9 years and 6 months and a balance of 4 years, commencing 11 May 2021. The sentence reflects the lower part of mid-range seriousness for constructive murder, taking into account the offender's role, presence, subjective factors including youth, past trauma, mental health issues, remorse, limited planning, and prospects of rehabilitation. Special circumstances exist justifying a non-parole period less than 75% of the total. The sentence also ensures notional concurrency with earlier sentences and avoids being 'crushing'.

Court Disposition

Offender sentenced for murder to imprisonment for a non-parole period of 9 years and 6 months commencing 11 May 2021, expiring 10 November 2030, and a balance of term of 4 years expiring 10 November 2034.

Orders

  • The offender is sentenced for the murder of Kevin Kourtis to imprisonment for a non-parole period of 9 years and 6 months commencing on 11 May 2021 and expiring on 10 November 2030 and a balance of term of 4 years expiring on 10 November 2034.
  • The earliest date the offender will be eligible to be released on parole is 10 November 2030.