R v Robertson; R v Hopkinson [2021] NSWSC 861

Supreme Court New South Wales

Medium Neutral Citation: R v Robertson; R v Hopkinson [2021] NSWSC 861 Hearing dates: 11, 12 March 2021 Decision date: 15 July 2021 Jurisdiction: Common Law Before: Ierace J Decision: The offender Robertson is sentenced to imprisonment for a period of 13 years and 2 months, to commence on 27 March 2019 and to expire on 26 May 2032, with a non-parole period of 9 years. The first date the offender will be eligible for parole is 26 March 2028. The offender Hopkinson is sentenced to imprisonment for a period of 12 years and 9 months, to commence on 27 March 2019 and to expire on 26 December 2031, with a non-parole period of 8 years and 3 months. The first date the offender will be eligible for parole is 26 June 2027. Catchwords: SENTENCING – Murder – Where victim detained and tortured in share house in relation to property dispute – Where property dispute concerned $500 – Where victim's body disposed of in bushland – Where three co-accused – Where two co-accused entered early pleas – Where third co-accused to be tried SENTENCING – Murder – Where victim 17 years old – Where two co-offenders 18 years old – Where standard non-parole period of 25 years applied – Where rationale for extending standard non-parole period from 20 to 25 years significantly reduced given minimal age gap between victim and co-offenders SENTENCING – Murder – Where co-offender used cricket bat to strike victim's head – Where offender of prior good character – Where offender unusually immature for age – Where offender acted under duress – Where youth, immaturity and duress taken into account in determining objective seriousness – Where offender provided assistance to authorities despite fear of co-accused to be tried SENTENCING – Murder – Joint criminal enterprise – Where foundational offence specially aggravated kidnapping – Where offender of prior good character – Where offender developmentally immature – Where offender had limited family support and alcohol use disorder Legislation Cited: Crimes Act 1900 (NSW), ss 18, 19A, 86 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 21A, 23, 44, Pt 4, Div A Cases Cited: BM v R [2019] NSWCCA 223 JM v The Queen (2012) 223 A Crim R 55; [2012] NSWCCA 83 R v Jacobs; R v Mehajer (2004) 151 A Crim R 452; [2004] NSWCCA 462 R v Milat & Klein [2012] NSWSC 634 Tepania v The Queen (2018) 275 A Crim R 233; [2018] NSWCCA 247 Category: Sentence Parties: Regina Joel Robertson (Offender) Christopher Hopkinson (Offender) Representation: Counsel: K McKay SC (Crown) R Jankowski (Offender Robertson) T Quilter (Offender Hopkinson)