R v Whiteley [2021] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: R v Whiteley [2021] NSWSC 153 Hearing dates: 9-12 November 2020, 16-20 November 2020, 23-27 November 2020 Decision date: 25 February 2021 Jurisdiction: Common Law Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 24 years, commencing 2 August 2018 and concluding 1 August 2042, with a balance of term of 11 years, concluding 1 August 2053. First eligible for release on 1 August 2042. Catchwords: CRIME – Murder – Sentencing – infant victim – no substantial offending – no prior abuse or domestic violence – severe assault – onerous incarceration conditions – special circumstances – sentence imposed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Sentence Parties: Regina (Crown) Timothy Whiteley (Offender) Representation: Counsel: L. Carr (Crown) P. Krisenthal (Offender) File Number(s): 2018/00238189 Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the victim's name or any identifying or potentially identifying information (including any information in relation to the name of the mother) is prohibited.

EX TEMPORE Judgment 1. HIS HONOUR: The Court is given the task of setting and imposing a sentence on Timothy Andrew Whiteley, who, on 27 November 2020, was found guilty by a jury, of the murder of the deceased. 2. The murder occurred on 19 June 2018 at Tarro and on 9 November last year Mr Whiteley was arraigned in this Court. 3. The offender, Mr Whiteley, is almost 29 years of age and was 26 at the time of the offence. The deceased was aged 20 months. 4. The maximum penalty for murder is life imprisonment and, ordinarily, the standard non-parole period is 20 years. Because the deceased was a minor the standard non-parole period is 25 years' imprisonment for the hypothetical mid-range offence of that type. Both the maximum sentence and the standard non-parole period are guideposts in setting and imposing a sentence. But life imprisonment, the maximum sentence, is duly imposed only in circumstances involving the worst cases of murder.