R v Evans; Evans; XE (No 2) [2021] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: R v Evans; Evans; XE (No 2) [2021] NSWSC 885 Hearing dates: 25 March and 24 June 2021 Decision date: 22 July 2021 Jurisdiction: Common Law Before: Ierace J Decision: Offender Keith Evans: An aggregate sentence of 32 years imprisonment is imposed, backdated to commence on 4 July 2017 and to expire on 3 July 2049, with a non-parole period of 22 years and 4 months, to expire on 3 November 2039. Offender John Evans: A sentence of 31 years imprisonment is imposed, backdated to commence on 4 July 2017 and to expire on 3 July 2048, with non-parole period of 22 years and 6 months, to expire on 3 January 2040. Offender XE: A sentence of 17 years imprisonment is imposed, backdated to commence on 4 July 2017 and to expire on 3 July 2034, with a non-parole period of 10 years and 6 months, which will expire on 3 January 2028. Catchwords: SENTENCING – Murder – Where co-offenders involved in car chase – Where offender deliberately discharged shotgun with intention of killing one of the occupants of the other vehicle involved in chase – Where motive relevant to consideration of objective seriousness – Where three co-offenders next of kin – Whether co-offenders liable on basis of joint criminal enterprise or extended joint criminal enterprise – Where moral culpability of three co-offenders differed SENTENCING – Wound with intent to cause grievous bodily harm – Where offender discovered girlfriend had sexual liaisons with victim – Where victim sent messages via social media to offender's girlfriend – Where offender posed as girlfriend on social media and ambushed victim – Where offender used weapon to cause blunt force injury to victim's head – Where offence committed in company – Whether element of provocation – Whether offender's offer to plead to lesser charge of utilitarian value Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15C Crimes Act 1900 (NSW), ss 18, 19A, 33, 35 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, Pt 4, Div 1A Cases Cited: Apps v R [2006] NSWCCA 290 Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Category: Sentence Parties: Regina John Paul Evans (Offender) Keith Evans (Offender) XE (Offender) Representation: Counsel: K Ratcliffe (Crown) B Hughes SC (Offender John Evans) R Cavanagh (Offender Keith Evans) S Corish (Offender XE)