R v Murray [2015] NSWSC 1034

R v Murray [2015] NSWSC 1034

Given the above-mid-range seriousness of the offence, the aggravating factors of conditional liberty and substantial violent record, lack of remorse, high ongoing risk, and absence of effective mitigating factors except the plea (for which a 12.5% discount is applied based on its timing), an appropriate sentence is 25 years 4 months imprisonment with a non-parole period of 19 years for the murder of Ms Dutton.

Jurisdiction
Australia
Judgment Date
30 July 2015
Procedural Posture
Criminal / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['murder' 'domestic Violence' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'conditional Liberty' 'remorse' 'deterrence' 'victim Impact Statements' 'discount for Guilty Plea' 'moral Culpability']
['criminal Law'] ['murder' 'domestic Violence' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'conditional Liberty' 'remorse' 'deterrence' 'victim Impact Statements' 'discount for Guilty Plea' 'moral Culpability']

Case Brief

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Procedural Posture

Criminal / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Gravity of the offence and its objective seriousness' 'Whether the location of the offence is an aggravating factor' 'Appropriate discount for the plea of guilty' 'Mitigating and aggravating circumstances, including offender’s mental health and previous record' 'Whether hardship in custody should be taken into account']

Ratio Decidendi

Given the above-mid-range seriousness of the offence, the aggravating factors of conditional liberty and substantial violent record, lack of remorse, high ongoing risk, and absence of effective mitigating factors except the plea (for which a 12.5% discount is applied based on its timing), an appropriate sentence is 25 years 4 months imprisonment with a non-parole period of 19 years for the murder of Ms Dutton.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['David Robert Francis Murray convicted of the murder of Keeli Antoinette Dutton.' 'Sentenced to 25 years 4 months imprisonment commencing on 26 November 2013, with a non-parole period of 19 years, expiring on 25 November 2032.' 'Balance of term of 6 years 4 months, to expire on 25 March 2039.']