R v Pettiford (Sentence) [2024] NSWSC 319

Supreme Court New South Wales

Medium Neutral Citation: R v Pettiford (Sentence) [2024] NSWSC 319 Hearing dates: 29 February 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) Kevin James Pettiford is convicted for wounding with intent to murder Nathan Mellows. For this offence, the offender is sentenced to imprisonment for a term of 14 years and 3 months, commencing on 26 November 2019. A non-parole period of 10 years and 8 months is set to commence on 26 November 2019 and expiring on 25 July 2030. The balance of term is 3 years and 7 months and is due to expire on 25 February 2034. (2) Kevin James Pettiford is convicted of the murder of Andrew Whyte Murray. For this offence, the offender is sentenced to imprisonment for a term of 33 years and 3 months commencing on 26 August 2025. A non-parole period is set for 20 years and 3 months commencing on 26 August 2025 expiring on 25 November 2045. The balance of term is 13 years and is due to expire on 25 November 2058. (3) The total effective term is 39 years comprising a non-parole period of 26 years and a balance of term of 13 years. The earliest date the offender is eligible to be released on parole is 25 November 2045. Catchwords: CRIME – sentence – murder and wounding with intent to murder – guilty verdicts by jury – "Hand of Death" – targeting the "less dead" – senseless, brutal murder – admissions made by offender – offender's mental health – history of homicidal ideation – conflicting views of the offender's mental health – dispute between experts as to diagnosis of bipolar disorder – relevance of offender's mental health impairment to sentence - imprisonment for life? – applicable discounts – assistance to law enforcement authorities - totality – victim impact statement – sentence imposed Legislation Cited: Crimes Act 1900 (NSW), s 19A, 27 Crimes (High Risk Offenders) Act 2006 (NSW), s 25C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 30E(3) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020, s 4, 28(1)(b) Cases Cited: Droudis v R [2020] NSWCCA 322 DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MDZ v REGINA [2011] NSWCCA 243 Category: Principal judgment Parties: Crown (Rex) Kevin James Pettiford (Offender) Representation: Counsel: B Campbell with K Biffin (Crown) J Watts (Offender)