R v Evans [2015] NSWSC 254

R v Evans [2015] NSWSC 254

The appropriate sentences reflect the high objective seriousness of the murder and stealing offences, aggravated by planning, commission in company, use of a weapon, location, offender's criminal history, and being on bail at the time of offending. A modest discount is given for late plea, and a fixed discount for assistance to authorities is assessed as years rather than percentage to avoid disproportionate reduction. Psychiatric evidence does not sufficiently mitigate the seriousness or diminish general deterrence, but some remorse is acknowledged.

Parties
Prosecution: Crown; Defendant: Rachael Margaret Evans
Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Sentencing, Murder, Steal in a Dwelling House, Late Plea, Assistance to Authorities, Identification of Location of Body, Undertaking to Give Evidence Against Co Accused, Drug and Alcohol Abuse, Sexual and Physical Abuse, Borderline Personality Disorder, Paraphilia, Sado Masochism, Remorse, Conditional Liberty, Long Criminal Record, Stealing Firearms, Discount for Assistance, Sentence Proportionality
Criminal Law Sentencing Murder Steal in a Dwelling House Late Plea Assistance to Authorities Identification of Location of Body Undertaking to Give Evidence Against Co Accused +11 more

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Parties

Crown

Prosecution

Rachael Margaret Evans

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 What is the appropriate sentence for Rachael Margaret Evans for the offences of murder and steal in a dwelling house?
  2. 2 What aggravating and mitigating factors apply to these offences?
  3. 3 Should a discount for assistance to authorities be given and if so, how should it be quantified?

Ratio Decidendi

The appropriate sentences reflect the high objective seriousness of the murder and stealing offences, aggravated by planning, commission in company, use of a weapon, location, offender's criminal history, and being on bail at the time of offending. A modest discount is given for late plea, and a fixed discount for assistance to authorities is assessed as years rather than percentage to avoid disproportionate reduction. Psychiatric evidence does not sufficiently mitigate the seriousness or diminish general deterrence, but some remorse is acknowledged.

Court Disposition

convicted and sentenced

Orders

  • For the offence of steal in a dwelling house and taking into account the offence on the Form 1, sentenced to a fixed term of 3 years imprisonment commencing 10 October 2012 and expiring 9 October 2015.
  • For the offence of murdering Colleen Deborah Ayers, sentenced to a non-parole period of 18 years and 9 months commencing 10 October 2013 and expiring 9 July 2032 with an additional term of 6 years and 3 months expiring 9 October 2038.