R v Da Silva [2016] NSWSC 1214

R v Da Silva [2016] NSWSC 1214

The offence of murder was above the mid-range of objective seriousness and involved a premeditated, targeted attack without contrition or remorse. The advanced age of the offender does not outweigh the necessity for a sentence that adequately marks the seriousness of the crime. A sentence of imprisonment with a non-parole period of 18 years and a balance of term of 6 years was appropriate, taking into account statutory guidance, the nature of the offence, and the offender's circumstances.

Parties
Crown: Regina; Offender: Ricardo Francis Herman Da Silva
Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced
Legal Topics
Murder, Sentencing, Blunt Force Trauma, Premeditation, General Deterrence, Objective Seriousness
Criminal Law Murder Sentencing Blunt Force Trauma Premeditation General Deterrence Objective Seriousness

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Parties

Regina

Crown

Ricardo Francis Herman Da Silva

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder involving premeditation and lack of remorse
  2. 2 Impact of advanced age of offender on sentencing
  3. 3 Objective seriousness of offence relative to statutory standard

Ratio Decidendi

The offence of murder was above the mid-range of objective seriousness and involved a premeditated, targeted attack without contrition or remorse. The advanced age of the offender does not outweigh the necessity for a sentence that adequately marks the seriousness of the crime. A sentence of imprisonment with a non-parole period of 18 years and a balance of term of 6 years was appropriate, taking into account statutory guidance, the nature of the offence, and the offender's circumstances.

Court Disposition

Offender convicted and sentenced

Orders

  • Conviction for murder
  • Sentenced to imprisonment: non-parole period of 18 years commencing 30 November 2013 and expiring 29 November 2031