R v Gordon Reginald Cramp [2015] NSWSC 271

R v Gordon Reginald Cramp [2015] NSWSC 271

The offender intentionally killed Lance Hargreaves by stabbing him through the neck with a knife, severing his spinal cord. Although the Court could not find beyond reasonable doubt that he took the knives to Solveco for the purpose of killing someone or that the case was in the worst category, the offence was of very great objective seriousness. The offender was not significantly affected by drugs, showed no remorse, had a serious history of unprovoked knife violence, and presented a danger requiring emphasis on personal deterrence and protection of the community. With no mitigating evidence amounting to special circumstances, an overall sentence of 40 years with a 30 year non-parole...

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Criminal Sentencing for Murder / Sentence Following Jury Conviction
Outcome
Gordon Reginald Cramp was sentenced to an overall term of 40 years imprisonment commencing on 2 March 2013, comprising a non-parole period of 30 years and a balance of term of 10 years; he will be eligible to be considered for parole on 1 March 2043.
Legal Topics
['murder' 'objective Seriousness' 'non Parole Period' 'protection of the Community' 'personal Deterrence' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'objective Seriousness' 'non Parole Period' 'protection of the Community' 'personal Deterrence' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence Following Jury Conviction

Legal Issues

  1. 1 ['What facts relevant to sentence should be found following the jury verdict where there was no agreed statement of facts.' 'The objective seriousness of the murder, including whether the killing was intentional, premeditated, drug-affected or irrational.' 'The weight to be given to prior violent offending, dangerousness, personal deterrence and protection of the community.' 'Whether any subjective features or special circumstances justified mitigation or alteration of the statutory ratio.']

Ratio Decidendi

The offender intentionally killed Lance Hargreaves by stabbing him through the neck with a knife, severing his spinal cord. Although the Court could not find beyond reasonable doubt that he took the knives to Solveco for the purpose of killing someone or that the case was in the worst category, the offence was of very great objective seriousness. The offender was not significantly affected by drugs, showed no remorse, had a serious history of unprovoked knife violence, and presented a danger requiring emphasis on personal deterrence and protection of the community. With no mitigating evidence amounting to special circumstances, an overall sentence of 40 years with a 30 year non-parole...

Court Disposition

Gordon Reginald Cramp was sentenced to an overall term of 40 years imprisonment commencing on 2 March 2013, comprising a non-parole period of 30 years and a balance of term of 10 years; he will be eligible to be considered for parole on 1 March 2043.

Orders

  • ['Gordon Reginald Cramp is sentenced to an overall term of 40 years imprisonment commencing on 2 March 2013 comprising a non-parole period of 30 years and a balance of term of 10 years. The offender will be eligible to be considered for parole on 1 March 2043.']