R v M J Alexander [1999] NSWSC 413

Reported Decision : [1999] 107 A Crim R 449

New South Wales Supreme Court CITATION : R v M J Alexander [1999] NSWSC 413 CURRENT JURISDICTION : Criminal Division FILE NUMBER(S) : L00008/93 HEARING DATE(S) : 26 March 1999 JUDGMENT DATE : 7 May 1999

PARTIES : Regina Michael John Alexander JUDGMENT OF : Kirby J

COUNSEL : C Maxwell QC (Cr) J Stratton (Appl) SOLICITORS : P Thompson - DPP Brenda Duchen CATCHWORDS : CRIMINAL PRACTICE & PROCEEDURE; Life Redetermination; Worst case ACTS CITED : Sentencing Act 1989 Crimes Act 1900 R v Previtera (1997) 94 A Crim R 76 R v Petroff (Hunt CJ at CL, unreported, 12/11/91) R v Twala (CCA, unreported, 4/11/94) R v Garforth (CCA, unreported, 23/5/94) CASES CITED : R v Davies (1978) 68 Cr App R 319 R v McCafferty (Wood J, unreported, 15/10/91) R v Potter (Studdert J, unreported, 28/10/91) R v Hitchins (Grove J, unreported, 3/6/93) R v Fenech (Barr J, unreported, 4/9/97) DECISION : See paras 65, 66, 67

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

KIRBY J

Friday 7 May 1999

L00008/93 - REGINA v Michael John ALEXANDER

JUDGMENT

1 HIS HONOUR: On 14 September 1993 the prisoner, Michael John Alexander, made application under s 13A of the Sentencing Act 1989. He sought a redetermination of the two life sentences imposed by Slattery J on 28 July 1987. The sentences were imposed after a jury had found Mr Alexander guilty of the murders of Mrs Susan Kirk, and her three year old daughter, Stephanie. The Circumstances of the Crime 2 The applicant was born on 25 March 1961. Mrs Kirk and her daughter were murdered on Tuesday 20 August 1985. The applicant was then twenty four years old. 3 Mr Alexander came to Sydney from the country. Through a church organisation, he was introduced in February 1985 to Mrs Kirk. She was then a woman aged forty two years. She had recently separated from her husband, and had the custody of her daughter, Stephanie, aged three years. 4 Mr Alexander reached an arrangement with Mrs Kirk whereby they would share premises, and the rent. On 20 August 1985, there was an argument between Mr Alexander and Mrs Kirk concerning the rent, which was then in arrears. Mr Alexander then went to the garage. He obtained a length of electrical cord. He returned to the kitchen. He approached Mrs Kirk from behind, and placed the cord around her neck, pulling it tight. He thereby strangled her. 5 Having done that, the applicant then carried or dragged the body to the garage. He was in the process of covering the body with a curtain when Stephanie, the three year old daughter, entered the garage. He struck her with a piece of wood. He also stabbed her, and stabbed Mrs Kirk. 6 A post mortem examination of Mrs Kirk identified strangulation as the primary cause of death, and a knife wound to the lung and the aorta as secondary causes. 7 The post mortem in respect of Stephanie revealed that she had died as a result of a knife wound to the heart. She also had a fractured skull, and brain damage, as well as other stab wounds to her body. 8 Mr Alexander thereafter concealed the knife, and the piece of wood, in a septic tank near the garage. He then went to work. He arrived at 10.25 am. He appeared calm and collected. He disclosed to a woman at work, Ms Christine White, what he had done. 9 As it happened, the police came to the factory that morning to investigate an unrelated matter. They were informed of Mr Alexander's disclosures to Ms White. The police confronted Mr Alexander. He endeavoured to laugh it off, stating that his comments were a joke. The police, nonetheless, took Mr Alexander to the premises. They were unable to gain entry because Mr Alexander claimed not to have the keys. He was permitted to return to work. 10 The applicant later returned home. The bodies were removed from the garage. They were placed under the house, and covered with a curtain. Mr Alexander once more returned to work. 11 Meanwhile, the police obtained a duplicate key from the real estate agents who managed the premises. They entered the premises, and found nothing untoward. They nonetheless returned to the factory, and arrested the prisoner. He was to be charged with having caused a public mischief. 12 Whilst in custody in respect of that charge, Mr Alexander disclosed to the police what he had done. The police then returned to the premises with the applicant. The bodies, covered by a curtain, were then found. Mr Alexander was taken back to the police station and interviewed. He signed a record of interview, which included the following questions and answers: "Q29. Would you care to tell me where Susan Kirk was when you strangled her? A. In the kitchen near the phone.