R v Vella (Sentence) [2023] NSWSC 831

Supreme Court New South Wales

Medium Neutral Citation: R v Vella (Sentence) [2023] NSWSC 831 Hearing dates: 5 July 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. Having been convicted of the murder of Mark Vella on 9 August 2021 at Murrumbateman in this State the offender is sentenced to a term of 24 years imprisonment, to date from 9 August 2021 and expiring on 8 August 2045. I fix a non-parole period of 18 years imprisonment, expiring on 8 August 2039. Catchwords: CRIME – sentence after trial – verdict of guilty to charge of murder – shooting – domestic violence offence – partial defence of substantial impairment rejected by jury – motive for crime not able to be determined – offender suffering from depression Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Alkanaan (No.7) [2015] NSWSC 904 R v Cadman [2019] NSWSC 634 R v Clark [No 3] [2008] NSWSC 795 R v Fredes [2020] NSWSC 1332 R v Isaacs (1997) 41 NSWLR 374; 90 A Crim R 587 R v Miller (No 2) [2022] NSWSC 1347 R v Ronald Edward Medich (No. 43) [2018] NSWSC 886 R v Tran (No 3) [2022] NSWSC 1661 R v White [2023] NSWSC 193 Category: Principal judgment Parties: Rex (Crown) Dale Lee Vella (Offender) Representation: Counsel: K Ratcliffe (Crown) G Hoare (Offender)