R v Scurr [2001] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: R v Scurr [2001] NSWSC 727 Hearing dates: 2 July 2001 Decision date: 27 August 2001 Jurisdiction: Common Law - Criminal Before: Wood CJ at CL Decision: Sentence to be served partly concurrently and partly cumulatively to reflect additional criminality of killing two people – total sentence of 7 years and 3 months imprisonment - non-parole period of 4 years 6 months - See para 68 Catchwords: CRIMINAL LAW - sentencing – manslaughter – shooting two people - neither substantial impairment or provocation negate all responsibility for offence – objective criminality considerable - need for both personal and general deterrence - offence out of character – special circumstances such as to require departure from ratio between head sentence and non-parole period Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 5(1), 28(3), 44(2), 47(2), (3) Category: Sentence Parties: Regina Gordon Theodore Scurr Representation: COUNSEL : P. Conlon (Crown Prosecutor) A. Bellanto QC (Prisoner)

SOLICITORS : State DPP Watsons Solicitors File Number(s): SC 70068/00

SENTENCE 1. WOOD CJ at CL: The prisoner stood trial for the murder of Ali Mokdad and Jaimie Creighton, occurring on 22 June 1999. In relation to each count, he was acquitted by the jury of murder, but found guilty of manslaughter. The circumstances leading up to those killings involved a turbulent period commencing in about October 1998, the detail of which was of direct relevance to the issues of provocation and self defence which arose in the prosecution case, and to the defence of substantial impairment by reason of abnormality of mind that was advanced by the prisoner. That history is equally relevant for the purposes of sentencing.