R v DPD [2023] NSWSC 477

R v DPD [2023] NSWSC 477

Taking into account the aggravating and mitigating circumstances, including youth, mental health, remorse, prospects of rehabilitation, and special circumstances, the appropriate sentence for DPD for constructive murder, with Form 1 offences considered, is imprisonment for a non-parole period of 10 years and 3 months and a balance of term of 5 years, backdated to 23 April 2021; special circumstances warrant a longer parole period.

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'constructive Murder' 'juvenile Justice' 'totality and Parity' 'special Circumstances']
['criminal Law'] ['sentencing' 'constructive Murder' 'juvenile Justice' 'totality and Parity' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for constructive murder committed by a juvenile?' "How do the offender's mental health, youth, and prospects of rehabilitation affect sentencing?" 'How should parity and totality principles be applied when multiple co-offenders exist?' 'What weight should be given to aggravating and mitigating factors, including remorse and guilty plea?']

Ratio Decidendi

Taking into account the aggravating and mitigating circumstances, including youth, mental health, remorse, prospects of rehabilitation, and special circumstances, the appropriate sentence for DPD for constructive murder, with Form 1 offences considered, is imprisonment for a non-parole period of 10 years and 3 months and a balance of term of 5 years, backdated to 23 April 2021; special circumstances warrant a longer parole period.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['The offender is sentenced for the murder of Kevin Kourtis, taking into account the offences of possession of a firearm and common assault on the Form 1, to imprisonment for a non-parole period of 10 years and 3 months commencing on 23 April 2021 and expiring on 22 July 2031 and a balance of term of 5 years...