R v Dennis [2018] NSWSC 1733

R v Dennis [2018] NSWSC 1733

The court imposed a sentence of 18 years and 9 months imprisonment for murder, with a non-parole period of 14 years, taking into account the offender's guilty plea (for a 20% sentence discount), offender background including violent upbringing, substance abuse disorder, remorse, failure of rehabilitation efforts, and the offence's seriousness assessed as just below midrange. The court was not permitted to deal with breached bonds imposed in the Local Court. The sentence was backdated to the date of arrest.

Parties
Prosecutor: Regina; Offender: Howard Dean Dennis
Jurisdiction
Australia
Judgment Date
15 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to 18 years 9 months imprisonment, with a non-parole period of 14 years; additional offence on Form 1 taken into account.
Legal Topics
Murder, Sentencing, Intoxication, Remorse, Offender Background, Breach of Bonds, Rehabilitation, Deterrence
Criminal Law Murder Sentencing Intoxication Remorse Offender Background Breach of Bonds Rehabilitation +1 more

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Parties

Regina

Prosecutor

Howard Dean Dennis

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder committed while offender was intoxicated
  2. 2 Consideration of additional offence on Form 1
  3. 3 Effect of offender's upbringing, mental health, and criminal history on sentencing

Ratio Decidendi

The court imposed a sentence of 18 years and 9 months imprisonment for murder, with a non-parole period of 14 years, taking into account the offender's guilty plea (for a 20% sentence discount), offender background including violent upbringing, substance abuse disorder, remorse, failure of rehabilitation efforts, and the offence's seriousness assessed as just below midrange. The court was not permitted to deal with breached bonds imposed in the Local Court. The sentence was backdated to the date of arrest.

Court Disposition

The offender is convicted and sentenced to 18 years 9 months imprisonment, with a non-parole period of 14 years; additional offence on Form 1 taken into account.

Orders

  • Sentence of 18 years 9 months imprisonment for murder, with a non-parole period of 14 years.
  • Sentence to be backdated to 19 August 2016; eligible for parole on 18 August 2030.