R v Spicer [2015] NSWSC 519

R v Spicer [2015] NSWSC 519

Bernard Justin Spicer was found to have acted as part of a joint criminal enterprise to murder Katherine Foreman, with the intention to kill, evidenced by significant planning, knowledge of the deceased's presence, and actions in the early hours of the morning. The offender did not show genuine remorse, had a criminal record, and committed the offence for payment. The offence was extremely serious but not in the worst category of murder. A sentence reflecting general deterrence and denunciation was appropriate given the crime's brutality and planning.

Parties
Prosecution: Regina (Crown); Accused: Bernard Justin Spicer
Jurisdiction
Australia
Judgment Date
15 May 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Murder, Joint Criminal Enterprise, Sentencing, General Deterrence, Objective Seriousness, Remorse, Aggravating Factors, Mitigating Factors
Criminal Law Murder Joint Criminal Enterprise Sentencing General Deterrence Objective Seriousness Remorse Aggravating Factors +1 more

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Parties

Regina (Crown)

Prosecution

Bernard Justin Spicer

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether offender intended to kill the deceased
  2. 2 Whether offender was manipulated or influenced by co-offender
  3. 3 Whether offence is in worst category of case

Ratio Decidendi

Bernard Justin Spicer was found to have acted as part of a joint criminal enterprise to murder Katherine Foreman, with the intention to kill, evidenced by significant planning, knowledge of the deceased's presence, and actions in the early hours of the morning. The offender did not show genuine remorse, had a criminal record, and committed the offence for payment. The offence was extremely serious but not in the worst category of murder. A sentence reflecting general deterrence and denunciation was appropriate given the crime's brutality and planning.

Court Disposition

convicted and sentenced

Orders

  • Sentence of imprisonment for 32 years commencing 21 December 2011 and expiring 20 December 2043, with a non-parole period of 24 years expiring 20 December 2035.