R v Stein [2024] NSWSC 1080

Supreme Court New South Wales

Medium Neutral Citation: R v Stein [2024] NSWSC 1080 Hearing dates: 23 August 2024 Date of orders: 26 August 2024 Decision date: 26 August 2024 Jurisdiction: Common Law Before: Wilson J Decision: (1) The charge of interfering with a corpse is marked as having been withdrawn by the Crown. Insofar as it is necessary to order it, the charge is dismissed. (2) For the murder of Charlise Mutten, on or about 12 January 2022, Justin Laurens Stein is sentenced to imprisonment for life, commencing on 18 January 2022. Catchwords: SENTENCE – murder – offender found guilty by jury at trial – shooting of 9 year old girl to back and face –under care and authority – disposal of body in barrel in bushland – gravely serious offending – offender on parole at time of offence – no remorse – poor prospects of rehabilitation – question of whether a life sentence is mandated Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 R v Arthurell (Supreme Court of New South Wales, 3 October 1997, unrep) R v Garforth (Court of Criminal Appeal (NSW), 23 May 1994, unrep) R v Harris (2000) 50 NSWLR 409; [2000] NSWCCA 469 R v Holdom [2018] NSWSC 1677 R v Isaacs (1997) 41 NSWLR 374 R v Merritt (2004) 59 NSWLR 557; [2004] NSWCCA 19 R v Mostyn (2004) 145 A Crim R 304; [2004] NSWCCA 97 R v Twala (Court of Criminal Appeal (NSW), 4 November 1994, unrep) Rogerson v R; McNamara v R (2021) 290 A Crim R 239; [2021] NSWCCA 160 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Rex (Crown) Justin Laurens Stein (Offender) Representation: Counsel: K McKay SC and N Marney (Crown) C Davenport SC and T Kent (Offender)