R v Douglass (No 2) [2023] NSWSC 465

Supreme Court New South Wales

Medium Neutral Citation: R v Douglass (No 2) [2023] NSWSC 465 Hearing dates: 2 February 2023 Decision date: 12 May 2023 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to a term of imprisonment comprising a non-parole period of 19 years and 6 months and a balance of term of 6 years and 6 months, being a total sentence of 26 years, to date from 5 October 2016 and to expire on 4 October 2042. The offender will become eligible for release to parole when the non-parole period expires on 4 April 2036. Catchwords: SENTENCING – Murder – Sentence after judge-alone trial – Where offender entered elderly deceased's house with a co-offender to steal money – Deceased fatally stabbed by both offender and co-offender – Offender returned to search for money in months before deceased's body discovered – Application of Bugmy v The Queen principle – Offender exposed to childhood physical violence and drug abuse – Complex PTSD contributed to offending to limited extent – No mitigatory remorse – Good prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW), ss 19A, 112, 154F Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21, 21A, 33, 61 Criminal Procedure Act 1986 (NSW), ss 132, 166 Firearms Act 1966 (NSW), ss 51H, 65 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Douglass v R [2020] NSWCCA 284 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA DS v R; DM v R [2022] NSWCCA 156 McCullough v R (2009) 194 A Crim R 439; [2009] NSWCCA 94 R v Bedford (1986) 5 NSWLR 711 R v Douglass (No 4) [2019] NSWSC 366 R v Douglass (No 1) [2022] NSWSC 1287 R v Gilmore (1979) 1 A Crim R 416 R v Wilkinson (No 5) [2009] NSWSC 432 Tarrant v R [2007] NSWCCA 124 Tepania v R [2018] NSWCCA 247 Category: Sentence Parties: Rex Ammie Douglass (Offender) Representation: Counsel: Mr M Pincott (Crown) Mr T Jones (Offender)