R v Kovaleff [2023] NSWSC 302

Supreme Court New South Wales

Medium Neutral Citation: R v Kovaleff [2023] NSWSC 302 Hearing dates: 08 and 15 February 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) The offender is convicted for that, on 18 December 2020, at Parramatta in the State of New South Wales, he did wound AK (a pseudonym) with the intent to cause grievous bodily harm to her; and, on the same date at the same place, he did murder LD (a pseudonym); (2) For the crime of wounding with intent to cause grievous bodily harm, the offender is sentenced to a term of imprisonment, being a non-parole period of 4 years and 9 months commencing 19 December 2020 and concluding 18 September 2025 and is sentenced to a remainder of a term of imprisonment for this offence, being a further term of 2 years, concluding 18 September 2027; (3) For the offence of murder, the offender is sentenced to a term of imprisonment, being a non-parole period of 24 years, commencing 19 December 2022 and concluding 18 December 2046, with a remainder of term, being a term of imprisonment of 10 years, concluding 18 December 2056; (4) The offender is first eligible for release on parole on 19 December 2046. (5) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that statute and that it applies to him and to these offences and the offender's legal team is directed to explain the significance of this fact to the offender. Catchwords: CRIME – SENTENCING – murder and malicious wounding – aggravating and mitigating factors – youth of offender – youth of victims – sentence imposed/ Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(a), 33(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 25F(2), Division 1A Cases Cited: BP v The Queen (2010) 201 A Crim R 379; [2010] NSWCCA 159 at [4] – [5]. Category: Sentence Parties: Rex (Crown) Kristian Kovaleff (Offender) Representation: Counsel: M Millward (Crown) A Evers (Offender)