R v Sloan [2024] NSWSC 952

Supreme Court New South Wales

Medium Neutral Citation: R v Sloan [2024] NSWSC 952 Hearing dates: 19 July 2024 Date of orders: 2 August 2024 Decision date: 02 August 2024 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of murder Robert Sloan I convict you and sentence you as follows: (1) Imprisonment for a term of 25 years and 2 months to commence on 4 May 2022 and conclude on 3 July 2047. (2) The non-parole period is 17 years and 6 months to commence on 4 May 2022 and conclude on 3 November 2039. That is the first date that you are eligible for parole. I note that the effective total head sentence (including the sentences served since 4 November 2020) is 26 years and 8 months and the effective non-parole period is 19 years. (3) Pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that Act and of its application to the offence of which he has been convicted. His legal representatives are requested to advise him of the implications of that Act to him. Catchwords: SENTENCE – MURDER – guilty plea – joint criminal enterprise – where not possible to find offender committed physical act causing death beyond reasonable doubt or that co-offender did on balance of probabilities – discount for assistance – lengthy criminal history – Bugmy factors – totality – no finding of remorse available on evidence – lesser sentence than co-offender given lower criminality regarding motive and decision – making and stronger subjective case – hardship in custody related to inmate attacks – custody throughout COVID-19 pandemic – mental and physical health concerns – special circumstances Legislation Cited: Crimes Act 1900 (NSW), s 18(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 25D(3)(b), 30E, 44(2), 54B Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Harris v R [2023] NSWCCA 44 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Paterson v R [2021] NSWCCA 273 R v Millwood [2012] NSWCCA 2 R v MJ [2023] NSWCCA 306 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 R v Parkes (No 3) [2024] NSWSC 910 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Rex (Crown) Robert Sloan (Offender) Representation: Counsel: D Robinson (Crown) M Avenell SC (Offender)