R v Carter [2001] NSWSC 1119

R v Carter [2001] NSWSC 1119

The prisoner, blinded by anger, influenced by alcohol, and provoked by humiliation, intentionally used his car as a weapon against a group, with intent to kill or cause grievous bodily harm especially towards Mr Brown; although the deceased was not the intended victim, his actions made him wholly culpable for murder, and the seriousness and circumstances warranted a sentence of 18 years with a non-parole period of 13½ years.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Criminal / Sentence
Outcome
prisoner sentenced to 18 years imprisonment for murder, with non-parole period of 13½ years
Legal Topics
['murder' 'sentencing' 'use of Vehicle as Weapon' 'alcohol Related Offences']
['criminal Law'] ['murder' 'sentencing' 'use of Vehicle as Weapon' 'alcohol Related Offences']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the accused intended to kill or cause grievous bodily harm or acted with reckless indifference to human life' 'Appropriate sentence for murder committed by use of a motor vehicle while intoxicated']

Ratio Decidendi

The prisoner, blinded by anger, influenced by alcohol, and provoked by humiliation, intentionally used his car as a weapon against a group, with intent to kill or cause grievous bodily harm especially towards Mr Brown; although the deceased was not the intended victim, his actions made him wholly culpable for murder, and the seriousness and circumstances warranted a sentence of 18 years with a non-parole period of 13½ years.

Court Disposition

prisoner sentenced to 18 years imprisonment for murder, with non-parole period of 13½ years

Orders

  • ['On the charge of murder the prisoner is sentenced to imprisonment for 18 years, with a non-parole period of 13½ years commencing from 15 August 2001; non-parole period expiring on 9 February 2015, when the prisoner will be eligible for parole.']