R v Archer [2015] NSWSC 1487

R v Archer [2015] NSWSC 1487

The sentences imposed reflect the grave objective seriousness of the offences, the offender's moral culpability, aggravating factors such as breach of trust and court orders, the utilitarian value of guilty pleas, and the need for general and specific deterrence, with consideration of subjective circumstances and limitations on mitigation for self-induced intoxication.

Parties
Prosecutor: Regina; Offender: Wayne Edward Archer
Jurisdiction
Australia
Judgment Date
08 October 2015
Procedural Posture
Criminal / Sentencing
Outcome
offender convicted and sentenced to three terms of imprisonment
Legal Topics
Murder, Wounding With Intent to Cause Grievous Bodily Harm, Contravening Apprehended Violence Order, Domestic Violence, Sentencing
Criminal Law Murder Wounding With Intent to Cause Grievous Bodily Harm Contravening Apprehended Violence Order Domestic Violence Sentencing

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Parties

Regina

Prosecutor

Wayne Edward Archer

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentences for murder
  2. 2 Appropriate sentence for wounding with intent to cause grievous bodily harm
  3. 3 Appropriate sentence for contravening AVO

Ratio Decidendi

The sentences imposed reflect the grave objective seriousness of the offences, the offender's moral culpability, aggravating factors such as breach of trust and court orders, the utilitarian value of guilty pleas, and the need for general and specific deterrence, with consideration of subjective circumstances and limitations on mitigation for self-induced intoxication.

Court Disposition

offender convicted and sentenced to three terms of imprisonment

Orders

  • 21 months imprisonment for contravening apprehended violence order, commencing 21 September 2014, expiring 20 June 2016 (no non-parole period specified)
  • 8 years imprisonment for wounding Natasha Mason with intent to cause grievous bodily harm, commencing 21 January 2016, expiring 20 January 2024; non-parole period of 6 years expires 20 January 2022