R v Ryan (No 4) [2020] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: R v Ryan (No 4) [2020] NSWSC 1629 Hearing dates: 4 December 2020 Decision date: 10 December 2020 Jurisdiction: Common Law Before: Button J Decision: (1) Convicted of the offence of murder. (2) Convicted of the offence of breaching an apprehended violence order. (3) For the latter offence, I impose a fixed term of imprisonment for 18 months, to commence on 12 November 2018. (4) For the offence of murder, I impose a non-parole period of 17 years, to commence on the same date. That will be followed by a parole period of 6 years, to commence on 11 November 2035 and expire on 11 November 2041. (5) To express my sentences another way, I have imposed a head sentence of imprisonment for 23 years with a non-parole period of 17 years, with a full backdate, and a wholly concurrent sentence for the breach of the AVO. (6) The first date upon which it appears that the offender may be eligible for release to parole is 11 November 2035. Catchwords: CRIMINAL LAW – sentence – verdict of guilty of murder after judge alone trial – substantial impairment not established – fatal domestic violence – unplanned and frenzied stabbing – intention to kill – contravention of interim AVO imposed on morning of killing – previous threats of violence if deceased refused to terminate new romantic relationship – primary motives of jealousy and anger – brain damage caused by chronic alcoholism – acceptance of brain damage, mood disorder, and loss of control as contributing to offence – minimal criminal record – sentence imposed Cases Cited: R v Ryan (No 3) [2020] NSWSC 142 Category: Sentence Parties: Regina (Crown) Paul Ryan (Offender) Representation: Counsel: B Campbell (Crown) J Watts (Offender)