R v MITCHELL, Grant David [2012] NSWSC 694

R v MITCHELL, Grant David [2012] NSWSC 694

The offender is sentenced based on sentencing practice for murder offences as at 1987, with allowance for the plea of guilty, remorse, and the unique features of the case. A sentence of 14 years with a non-parole period of 10 years is appropriate to reflect the offender's criminality and the principle of general deterrence.

Parties
Crown: Regina; Offender: Grant David Mitchell
Jurisdiction
Australia
Judgment Date
22 June 2012
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to 14 years imprisonment with a non-parole period of 10 years, dating from 9 January 2011.
Legal Topics
Sentence, Murder, Plea of Guilty, Reckless Indifference to Human Life, Domestic Violence, Sentencing Practice
Criminal Law Sentence Murder Plea of Guilty Reckless Indifference to Human Life Domestic Violence Sentencing Practice

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Parties

Regina

Crown

Grant David Mitchell

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for murder committed with reckless indifference to human life in 1987 in a domestic setting
  2. 2 Effect of plea of guilty on sentence
  3. 3 Application of sentencing practice and law at the time of offence

Ratio Decidendi

The offender is sentenced based on sentencing practice for murder offences as at 1987, with allowance for the plea of guilty, remorse, and the unique features of the case. A sentence of 14 years with a non-parole period of 10 years is appropriate to reflect the offender's criminality and the principle of general deterrence.

Court Disposition

Sentenced to 14 years imprisonment with a non-parole period of 10 years, dating from 9 January 2011.

Orders

  • Grant David Mitchell is sentenced to 14 years imprisonment with a non-parole period of 10 years, commencing 9 January 2011. He will be eligible for release on parole on 8 January 2021.