R v Darcy (No. 9) [2022] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: R v Darcy (No. 9) [2022] NSWSC 135 Hearing dates: 22 October 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Common Law Before: Lonergan J Decision: For the offence of the murder of Mathew John Dunbar, I sentence you to a term of imprisonment of 40 years, comprising a non-parole period of 30 years, commencing on 18 November 2017 and ending on 17 November 2047, with a balance term of 10 years ending on 17 November 2057. You are eligible for release on parole on 17 November 2047. Catchwords: SENTENCE – murder – conviction after trial – offence committed in the home – significant degree of planning – set up to make the murder appear to be suicide - domestic violence offence – offence in high range of objective seriousness - no remorse – prospects of rehabilitation unfavourable given continuing denial of responsibility – whether a life sentence should be imposed – community interest in protection and specific deterrence satisfied by lesser sentence considering age of offender at earliest release date – life sentence not imposed Legislation Cited: Crimes Act 1900 (NSW), s 18(1) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 54A & 61 Cases Cited: CC v R; R v CC [2021] NSWCCA 71 Munda v Western Australia (2013) 249 CLR 600; 229 A Crim R 354; [2013] HCA 38 R v Dawes [2004] NSWCCA 363 R v Morabito (1992) 62 A Crim R 82 R v Sean Lee King [2013] NSWSC 801 Rogerson v R; McNamara v R [2021] NSWCCA 160 Category: Sentence Parties: Regina (Crown) Natasha Beth Darcy (Offender) Representation: Counsel: B Hatfield (Crown) J Manuell SC / N Broadbent (Offender)