NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Dowling [2023] NSWSC 1620 Hearing dates: 18 December 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Sentenced to imprisonment for 22 years and 6 months with a non-parole period of 16 years and 10 months. Offence to be recorded on offender's criminal record as "a domestic violence offence". Catchwords: CRIME — sentence — murder — reckless indifference to human life — asphyxiation of intimate partner — abandonment of body in boarding house bedroom — history of violence towards deceased and others — deceased vulnerable through age, stature and frailty — offender's account to psychologist inconsistent with agreed facts — no remorse — upbringing involving parental substance abuse and instances of sexual abuse — reduced moral culpability leading to less emphasis on general deterrence but greater emphasis on community protection — mandatory declaration offence be recorded as one of domestic violence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 5 and 12(2) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A and 21A(5AA) Cases Cited: Dowling v R [2017] NSWCCA 98 Category: Principal judgment Parties: Rex (Crown) Zachary Joel Dowling (Offender) Representation: Counsel: B Costello (Crown) E McLaughlin (Offender)
Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 191041/2021
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