R v COUSENS [2011] NSWSC 1375

R v COUSENS [2011] NSWSC 1375

Sentence set in accordance with sentencing standards prevailing at time of offence; factors aggravating criminality included premeditation, intent to kill, and callous execution. Delay in prosecution modestly mitigated sentence, as defendant bore partial responsibility for delay by denying involvement. Defendant received 18 years' imprisonment, with a non-parole period of 14 years, consistent with typical sentencing patterns for murder in early 1990s.

Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to imprisonment for murder
Legal Topics
['murder' 'sentencing' 'delay in Prosecution' 'sentencing Standards at Time of Offence']
['criminal Law'] ['murder' 'sentencing' 'delay in Prosecution' 'sentencing Standards at Time of Offence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for conviction of murder committed in 1990' 'Effect of delay between offence and prosecution on sentencing' 'Determination of sentence in accordance with standards at time of offence']

Ratio Decidendi

Sentence set in accordance with sentencing standards prevailing at time of offence; factors aggravating criminality included premeditation, intent to kill, and callous execution. Delay in prosecution modestly mitigated sentence, as defendant bore partial responsibility for delay by denying involvement. Defendant received 18 years' imprisonment, with a non-parole period of 14 years, consistent with typical sentencing patterns for murder in early 1990s.

Court Disposition

Defendant sentenced to imprisonment for murder

Orders

  • ['William David Cousens is sentenced to imprisonment for a period of 18 years, including a non-parole period of 14 years, both such periods to commence on 5 February 2010.']