R v Ryan (No 3) [2020] NSWSC 1421

Supreme Court New South Wales

Medium Neutral Citation: R v Ryan (No 3) [2020] NSWSC 1421 Hearing dates: 28 September 2020 – 14 October 2020 Decision date: 15 October 2020 Jurisdiction: Common Law Before: Button J Decision: Verdict of guilty of murder Catchwords: CRIMINAL LAW – murder – trial by judge alone – plea of not guilty to murder but guilty to manslaughter – accused relied upon partial defence of substantial impairment – fatal domestic violence stabbing – accused subject to AVO – intention to kill – accused suffered from brain damage caused by chronic alcohol abuse – accused suffered from mood disorder – acceptance of some impairment of capacity to understand events and capacity to control oneself – failure to establish either impairment substantial – contingent consideration of whether impairment was so substantial as to warrant reduction in liability from murder to manslaughter – discussion of community standards with regard to fatal domestic violence – verdict of guilty of murder returned Legislation Cited: Crimes Act 1900 (NSW), s 23A Evidence Act 1995 (NSW), s 165 Category: Principal judgment Parties: Regina (Crown) Paul Ryan (Accused) Representation: Counsel: B Campbell (Crown) J Watts (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2018/347939

Judgment

Introduction 1. A little after 6 PM on Monday 12 November 2018, Paul Thomas Ryan (the accused) and Maree Van Beers (the deceased) were together in the apartment in which they both lived in the regional centre of Tweed Heads, in the far north of New South Wales. 2. To state the broad context very succinctly, they were both aged in their early 60s, and had previously been romantic partners for well over three decades. They had raised two sons, Mr Christopher Ryan and Mr Michael Van Beers, both of whom were by then adults. The life of the accused and the deceased had not been marked by good fortune: the accused had suffered a work injury many years before that had led him to experience significant pain, and the deceased had had her own medical issues. Furthermore, the accused for many years had been a chronic alcoholic (although there had been a decade of abstinence well in the past), and he had also developed a dependence upon prescription medication. As at the date in question, his relationship with alcohol and prescription drugs was completely unresolved. The deceased, it seems, had had her own issues with the latter substances. 3. Their life had not been marked by material privilege either: I do not understand that they had earned an income from employment for many years, and at one stage they had been living on a permanent site in a caravan park in Chinderah, in the Northern Rivers of New South Wales. On the other hand, the flooding of that site had led to an insurance payout, which in turn led to the apartment being purchased by the younger Mr Ryan, and his parents being permitted to reside in it. 4. The more specific context was as follows. The romantic and intimate side of the relationship between the accused and the deceased had died, at the least many months before, though some effort was being made to stay on friendly terms, at least by the deceased. Over some years, the deceased had developed a digital friendship with a man who lived on the Mid-North Coast, a Mr Michael Robinson. In the months preceding 12 November 2018, she had travelled south and met him in person. The relationship blossomed, emotionally and physically. The accused was aware of that relationship and was unhappy about it. That manifested itself in a number of ways, including the following. 5. On 30 September 2018, the accused had posted a message to Facebook. Without recounting it verbatim, it stated in harsh terms that the deceased and her sister had been sexually unfaithful to their partners, and that any person who had sex with the deceased was in danger of being infected by venereal disease. 6. On 6 October 2018, Mr Robinson had recorded a portion of a telephone conversation between the deceased and the accused during one of her trips south. It included the accused saying to the deceased "I will fucking smash your fucking face, I will and I fucking mean that Maree, you're not going to go any fucking where near him". 7. Late on the evening of 28 October 2018, police had attended at the apartment at the request of the deceased. Both she and the accused spoke separately to police, and at length. The deceased spoke of their relationship having extended over 37 years; it having featured two acts of physical violence committed by the accused; and a recent intolerable increase in verbal abuse, including threats of physical violence. On the other hand, she did not appear to me to be cowed or overborne at that stage, and was perhaps exasperated more than fearful. More generally, she was on the evidence a person capable of speaking directly and bluntly. The accused – who was to my assessment drunk on that evening – spoke of various grievances that he had against the deceased, including with regard to the expenditure of the remainder of the insurance money, and her relatively new relationship with Mr Robinson. 8. In the event, a provisional apprehended violence order ("AVO") was taken out, returnable before Tweed Heads Local Court on the morning of 12 November 2018. 9. The accused and the deceased had duly attended that morning. An interim AVO was imposed by the learned Magistrate, with a further return date of 10 December 2018. 10. After court, the accused had spent most of the afternoon at the nearby Tweed Heads Bowls Club (the Bowls Club), and consumed nine schooners of medium strength beer over the course of about five hours. The deceased on the evidence had spent the afternoon at home, including being in digital contact with Mr Robinson. 11. As at that Monday, the deceased had been intending to travel to the mid-North Coast to look for a home to be shared between herself, Mr Robinson, and her sister, Ms Sylvia Van Beers, who also lived in that area to the south, and had endured a period of homelessness. The trip was delayed because of car trouble, and the expressed intention of the deceased was to make the trip of some hours the following morning. She had packed some bags and was in the process of cutting up fruit in the kitchen of the apartment for the journey, as well as cooking a stew to be enjoyed by Mr Robinson on her arrival. 12. Although it may be that that was not to be a permanent departure from Tweed Heads by the deceased, it was certainly a significant step in the development of her romantic relationship with Mr Robinson. 13. The trip from Tweed Heads to Port Macquarie was never undertaken. That is because, at the date and time in question, the accused committed an act of fatal domestic violence against the deceased. To state things succinctly at this stage, he inflicted well over 30 wounds to her person by way of at least two knives. He also inflicted blunt force trauma to her head. The final ordeal of the deceased was not extended, but it was by no means quick, as heard by many neighbours, who were unable to rescue her because both doors to the apartment had been locked. At one stage she was heard to say to the accused "Look at all the blood", in an effort to get him to stop. At another stage, she said to him "What about the boys?", in a reference to their sons. There can be no doubt that she was begging for her life. The riposte of the accused to the latter question was "Fuck the boys". 14. It is also important to record at this stage that, either before or perhaps during a pause in the stabbing, the accused held a knife to the throat of the deceased, and ordered her to telephone her sister, Mrs Moya Reid, who lived in Menindee, in far western New South Wales. In a nutshell, he then ordered the sister of the deceased, to whom he believed the deceased would listen, to tell the deceased to remain with him. Mrs Reid promptly got off the line in order to call 000 separately, her husband came on the line, and he heard the conclusion of the fatal assault. 15. Of course, the neighbours who heard the suffering of the deceased had also called 000. Uniformed police promptly attended. They broke into the apartment and saw the accused standing some distance from the front door. He was smoking a cigarette. A firearm was drawn by one of the officers. The accused was ultimately forcefully arrested, detained on the floor of the apartment, and walked in handcuffs to a caged vehicle. In the meantime, Ms Van Beers was found lying on the floor of the kitchen, having already bled to death.