R v Naden [2013] NSWSC 759

R v Naden [2013] NSWSC 759

The extreme culpability of the accused in the murder of Kristy Scholes, evidenced by sexual motivation, premeditation, abuse of trust, lack of remorse, and high risk of future violence, warranted a life sentence. The murder of Lateesha Nolan, though extremely serious, fell slightly below the worst category due to spontaneity and reliance on self-incrimination for conviction, justifying a lengthy determinate sentence. The accused's mental disorder did not significantly reduce moral culpability. Utilitarian discounts were applied variably considering the timing of guilty pleas and the offender's conduct.

Parties
Prosecution: Crown; Accused: Malcolm John Naden
Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced as outlined; life sentence for murder of Kristy Scholes, long determinate sentences for other offences.
Legal Topics
Sentencing, Murder, Shooting With Intent to Murder, Aggravated Indecent Assault, Break Enter and Commit Serious Indictable Offences, Utilitarian Discount for Guilty Plea, Mental Disorder, Remorse, Future Dangerousness, Life Sentence, Totality
Criminal Law Sentencing Murder Shooting With Intent to Murder Aggravated Indecent Assault Break Enter and Commit Serious Indictable Offences Utilitarian Discount for Guilty Plea Mental Disorder +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 45 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Crown

Prosecution

Malcolm John Naden

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two murders and related offences
  2. 2 Application of utilitarian discount for guilty plea
  3. 3 Consideration of mental disorder on moral culpability and sentence

Ratio Decidendi

The extreme culpability of the accused in the murder of Kristy Scholes, evidenced by sexual motivation, premeditation, abuse of trust, lack of remorse, and high risk of future violence, warranted a life sentence. The murder of Lateesha Nolan, though extremely serious, fell slightly below the worst category due to spontaneity and reliance on self-incrimination for conviction, justifying a lengthy determinate sentence. The accused's mental disorder did not significantly reduce moral culpability. Utilitarian discounts were applied variably considering the timing of guilty pleas and the offender's conduct.

Court Disposition

Convicted and sentenced as outlined; life sentence for murder of Kristy Scholes, long determinate sentences for other offences.

Orders

  • Count 1: Aggravated indecent assault – 4 years imprisonment (2 years non-parole, 2 years balance, from 22 March 2012)
  • Count 16: Break, enter and steal – 3 years 6 months (1 year non-parole, 2 years 6 months balance, from 21 March 2014)