R v Lock, Thomas [2017] NSWSC 715

R v Lock, Thomas [2017] NSWSC 715

The prisoner deliberately assaulted TM on earlier occasions and inflicted the fatal abdominal trauma while she was a defenceless two-and-a-half-year-old child left in his care. He knew he had seriously injured her, failed to obtain urgent medical assistance and deflected her mother from discovering her condition. The offence involved abuse of trust, a very young and vulnerable victim, intention at least to cause grievous bodily harm, and objective gravity more than moderately above mid-range. Although the prisoner had only a minor criminal history, family support and possible protective custody, he denied responsibility and his rehabilitation prospects were doubtful. A non-parole period...

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Sentence for Murder / Sentencing After Jury Conviction
Outcome
Thomas Lock was sentenced to imprisonment for murder with a non-parole period of 27 years and a balance of term of 9 years; the possess prohibited drug charge on the s 166 certificate was remitted to the Local Court for hearing.
Legal Topics
['murder' 'child Victim' 'intention to Cause Grievous Bodily Harm' 'tendency Evidence' 'standard Non Parole Period' 'protective Custody' 'victim Impact Statements']
['criminal Law' 'sentencing' 'evidence'] ['murder' 'child Victim' 'intention to Cause Grievous Bodily Harm' 'tendency Evidence' 'standard Non Parole Period' 'protective Custody' 'victim Impact Statements']

Case Brief

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Procedural Posture

Sentence for Murder / Sentencing After Jury Conviction

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of TM by Thomas Lock.' 'Whether the prisoner deliberately inflicted prior injuries on TM as tendency evidence relevant to the objective gravity of the murder.' 'Whether the fatal blow was inflicted before MW and DM returned and whether it could be characterised as a momentary loss of self-control.' 'How the standard non-parole period, objective gravity, aggravating and mitigating factors, rehabilitation prospects and custodial conditions affected sentence.']

Ratio Decidendi

The prisoner deliberately assaulted TM on earlier occasions and inflicted the fatal abdominal trauma while she was a defenceless two-and-a-half-year-old child left in his care. He knew he had seriously injured her, failed to obtain urgent medical assistance and deflected her mother from discovering her condition. The offence involved abuse of trust, a very young and vulnerable victim, intention at least to cause grievous bodily harm, and objective gravity more than moderately above mid-range. Although the prisoner had only a minor criminal history, family support and possible protective custody, he denied responsibility and his rehabilitation prospects were doubtful. A non-parole period...

Court Disposition

Thomas Lock was sentenced to imprisonment for murder with a non-parole period of 27 years and a balance of term of 9 years; the possess prohibited drug charge on the s 166 certificate was remitted to the Local Court for hearing.

Orders

  • ['Sentenced to a term of imprisonment, comprising a non parole period of 27 years to date from 1 May 2014, expiring 30 April 2041, with a balance of term of 9 years, expiring 30 April 2050. Eligible for release to parole on 1 May 2041.' 'The charge set out in the s 166 certificate, tendered by the Crown on sentence,...