R v Panetta [2014] NSWSC 27

R v Panetta [2014] NSWSC 27

The offender did not set out intending to kill, but by repeatedly striking the deceased in the head with a hammer in the course of an attempted abduction and robbery he intended to cause grievous bodily harm. The offence was a little below the mid range of objective seriousness. His voluntary confession and disclosure of the body warranted considerable leniency under R v Ellis, but the Ellis discount should not be specified arithmetically. A ten per cent discount was allowed for the late guilty plea, and no special circumstances were found.

Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Criminal Sentencing for Murder / Remarks on Sentence Following Plea of Guilty
Outcome
The defendant was sentenced for murder to an overall sentence of 17 years with a non-parole period of 12 years and 9 months.
Legal Topics
['murder' 'plea of Guilty' 'ellis Discount' 'objective Seriousness' 'remorse' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'ellis Discount' 'objective Seriousness' 'remorse' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Remarks on Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the defendant's murder of Muhammed Shafique." "Whether the offender's voluntary confession and disclosure of the burial site warranted leniency under R v Ellis." 'Whether a specific arithmetical discount should be given for the Ellis principle.' 'What discount should be allowed for the late plea of guilty.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offender did not set out intending to kill, but by repeatedly striking the deceased in the head with a hammer in the course of an attempted abduction and robbery he intended to cause grievous bodily harm. The offence was a little below the mid range of objective seriousness. His voluntary confession and disclosure of the body warranted considerable leniency under R v Ellis, but the Ellis discount should not be specified arithmetically. A ten per cent discount was allowed for the late guilty plea, and no special circumstances were found.

Court Disposition

The defendant was sentenced for murder to an overall sentence of 17 years with a non-parole period of 12 years and 9 months.

Orders

  • ['For the crime of murdering Muhammed Shafique on 18 September 2008, Adam Panetta is sentenced to a non-parole period of 12 years and nine months commencing 12 November 2010 and expiring 11 August 2023.' 'An additional term of 4 years and 3 months is imposed, expiring 11 November 2027.' 'The first day that Adam...