R v Newson (No 5) [2021] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: R v Newson (No 5) [2021] NSWSC 1661 Hearing dates: 20 September 2021 Decision date: 17 December 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) The offender is sentenced to a term of imprisonment comprising a non-parole period of 19 years and 9 months and a balance of term of 7 years and 3 months. The total sentence is a term of imprisonment of 27 years, to date from 19 November 2018 and expiring on 18 November 2045. The offender will become eligible for release to parole when the non-parole period expires on 18 August 2038. (2) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), direct that this offence be recorded on the offender's criminal history as a domestic violence offence. (3) The non-publication order made on 20 September 2021 pursuant to s 7(b) of the Court Suppression and Non-publication Orders Act 2010 (NSW), that there be no publication of the content of the victim impact statement of Andrew Easton which has been read in these proceedings, is to operate for 15 years from today's date. Catchwords: SENTENCING – Murder – Trial by jury – Verdict of guilty to offence of murder – Where deceased's death caused by blunt force trauma – Where offender and deceased in domestic relationship – Where evidence demonstrated offender was jealous and possessive of deceased – Whether intent to kill could be established by extent of injuries inflicted on deceased and offender's expertise as a martial arts fighter – Where disposal of deceased's body in bushland an aggravating factor – Where offender allegedly sexually assaulted as a child – Whether causal connection between offender's history of child sexual assault and his issues of jealousy and anger – Whether moral culpability reduced by reason of offender's alleged history of child sexual assault – Where offender subject to conditional liberty at the time of the offence – Where offender diagnosed with substance use disorder – Where offender's prospects of rehabilitation guarded due to long-standing drug abuse and refusal to accept responsibility for the offence – Where defence case facilitated the procedural administration of justice Legislation Cited: Crimes Act 1900 (NSW), ss 18, 19A Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 12 Crimes (High Risk Offenders) Act 2006 (NSW), s 25 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 21, 21A, 22A, 61, Pt 4, Div 1A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cherry v R [2017] NSWCCA 150 Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 Imbornone v R [2017] NSWCCA 144 Milat v R; Klein v R [2014] NSWCCA 29 R v Hines (No 3) [2014] NSWSC 1273 R v Isaacs (1997) 41 NSWLR 374 R v Johns [2003] VSC 415 R v Morris [2017] NSWSC 637 R v Pilley (1991) 56 A Crim R 202 Category: Sentence Parties: Regina Sayle Kenneth Newson (Offender) Representation: Counsel: Mr L Carr SC (Crown) Mr C Watson (Offender)