R v White [2023] NSWSC 193

Supreme Court New South Wales

Medium Neutral Citation: R v White [2023] NSWSC 193 Hearing dates: 13 December 2022 Decision date: 10 March 2023 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to an aggregate term of imprisonment of 42 years, backdated to commence on 17 March 2020 and to conclude on 16 March 2062, with an aggregate non-parole period of 30 years, so that the offender will be eligible for parole on 16 March 2050. Catchwords: SENTENCING – Murder – Where shooting in suburban neighbourhood – 226 bullets fired from two rifles over approximately one hour – One victim killed and multiple injured – Jury found offender guilty of murder and six further charges SENTENCING – Where only issue at trial concerned defence of mental health or cognitive impairment – Where offender does not have mental health impairment but does have cognitive impairment – Where nexus between cognitive impairment and offences SENTENCING – Where offender experienced disturbed childhood involving violence, sexual abuse and neglect – Where little insight into offences and qualified remorse – Where uncertain prospects of rehabilitation Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22A, 30E Crimes Act 1900 (NSW), ss 4C, 19A, 21, 21A, 23A, 33A, 61, 93GA, 195 Criminal Procedure Act 1986 (NSW), s 166 Firearms Act 1996 (NSW), ss 7, 36 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 5, 28 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Supple (1870) 1 VR 151 Royall v The Queen (1991) 172 CLR 378 Category: Sentence Parties: Rex Bradley Jason Mark White (Offender) Representation: Counsel: K Ratcliffe (Crown) M Hobart SC (Offender)