R v Stone [2020] NSWSC 1485

R v Stone [2020] NSWSC 1485

The offender's act of returning to the quarry to 'finish off' the victim was a deliberate and sadistic choice warranting a sentence in the upper range for murder. Significant sentence discounts were applied for early guilty plea and assistance to authorities, but not to the extent that undermined the seriousness of the offence. Remorse and upbringing were mitigating but did not enable a reduction below the minimum justice required.

Parties
Prosecution: Regina; Offender: Stone (a pseudonym)
Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Criminal / Sentencing Decision
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Murder, Assistance to Authorities, Remorse, Plea of Guilty, Objective Seriousness
Criminal Law Sentencing Murder Assistance to Authorities Remorse Plea of Guilty Objective Seriousness

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Parties

Regina

Prosecution

Stone (a pseudonym)

Offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for murder given the offender's objective and subjective circumstances
  2. 2 Consideration of discounts for early guilty plea and assistance to authorities
  3. 3 Assessment of remorse and prospects of rehabilitation

Ratio Decidendi

The offender's act of returning to the quarry to 'finish off' the victim was a deliberate and sadistic choice warranting a sentence in the upper range for murder. Significant sentence discounts were applied for early guilty plea and assistance to authorities, but not to the extent that undermined the seriousness of the offence. Remorse and upbringing were mitigating but did not enable a reduction below the minimum justice required.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Sentenced to imprisonment comprising a non-parole period of 17 years and 6 months with a balance of term of 5 years and 10 months.
  • Total sentence of 23 years and 4 months commencing from 21 August 2018.