R v McKellar (No 5) [2014] NSWSC 453

R v McKellar (No 5) [2014] NSWSC 453

The court imposed limiting terms of 9 years for armed robbery with infliction of grievous bodily harm and 22 years for murder, to be served concurrently starting from 22 May 2011, based on gravity of the offences, the offender's substantial mental illness, intellectual impairment, and deprived background, with the mental illness reducing but not eliminating the impact of deterrence, and no finding that the offender intended to kill beyond reasonable doubt.

Parties
Prosecution: Regina; Defendant: Shane Thomas McKellar
Jurisdiction
Australia
Judgment Date
17 April 2014
Procedural Posture
Criminal / Sentencing After Special Hearing (finding of Unfitness to Plead)
Outcome
Limiting terms imposed; offender referred to Mental Health Review Tribunal.
Legal Topics
Special Hearing, Limiting Term, Armed Robbery, Murder, Mental Illness in Criminal Proceedings
Criminal Law Mental Health Law Special Hearing Limiting Term Armed Robbery Murder Mental Illness in Criminal Proceedings

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Parties

Regina

Prosecution

Shane Thomas McKellar

Defendant

Procedural Posture

Criminal / Sentencing After Special Hearing (finding of Unfitness to Plead)

Legal Issues

  1. 1 Appropriate limiting terms for offences of armed robbery with infliction of grievous bodily harm and murder by a person found unfit to stand trial due to mental illness
  2. 2 Effect of mental illness and intellectual impairment on sentencing
  3. 3 Objective and subjective factors relevant to imposition of limiting terms

Ratio Decidendi

The court imposed limiting terms of 9 years for armed robbery with infliction of grievous bodily harm and 22 years for murder, to be served concurrently starting from 22 May 2011, based on gravity of the offences, the offender's substantial mental illness, intellectual impairment, and deprived background, with the mental illness reducing but not eliminating the impact of deterrence, and no finding that the offender intended to kill beyond reasonable doubt.

Court Disposition

Limiting terms imposed; offender referred to Mental Health Review Tribunal.

Orders

  • A limiting term of 9 years for armed robbery with infliction of grievous bodily harm, dated from 22 May 2011 to 21 May 2020.
  • A limiting term of 22 years for murder, dated from 22 May 2011 to 21 May 2033.