R v Rajapakse (No 3) [2024] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: R v Rajapakse (No 3) [2024] NSWSC 1642 Hearing dates: 9 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) The offender, Russel Rajapakse, is convicted of the murder of Corey Breceljnik. (2) For the murder of Corey Breceljnik, a sentence of imprisonment is imposed consisting of a non-parole period of 18 years commencing from 15 July 2021 and a head sentence of 24 years. The offender will become eligible to be released on parole on 14 July 2039. The overall sentence will expire on 14 July 2045. (3) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the offender is advised of the existence of that Act and the fact that it applies to him and to this offence. His legal advisers are directed to explain the significance of this fact to him. Catchwords: CRIME – Murder – Sentencing following trial – Where offender inflicted fatal stab wound to the deceased's armpit using a flick knife in the context of the deceased refusing to hand over stolen methylamphetamine – Where Crown and offender agreed that the offence was unplanned and involved an intent to cause grievous bodily harm – No finding of remorse – Poor prospects of rehabilitation found – Application of Bugmy principles Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Dorsett v R [2024] NSWCCA 192 Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 Dungay v R [2020] NSWCCA 209 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 FL v R [2020] NSWCCA 114 Flick v R [2023] NSWCCA 197 Hoskins v R [2021] NSWCCA 169 Lupton v R [2024] NSWCCA 29 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Milat v R; Klein v R [2014] NSWCCA 29 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Campbell [2014] NSWCCA 102 R v Irwin [2019] NSWCCA 133 R v Isaacs (1997) 41 NSWLR 374 R v MJ [2023] NSWCCA 306 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Van Ryn [2016] NSWCCA 1 R v West [2014] NSWCCA 250 Toller v R [2021] NSWCCA 204 Wass v R [2022] NSWCCA 143 Category: Sentence Parties: Rex (Crown) Russel Rajapakse (Offender) Representation: Counsel: C Young (Crown) N Carroll (Offender)