Regina v Joiner [2001] NSWSC 1163

New South Wales Supreme Court

CITATION : Regina v Joiner [2001] NSWSC 1163 FILE NUMBER(S) : SC 70063/01 HEARING DATE(S) : 10/10/01, 12/10/01, 15/10/01, 16/10/01, 17/10/01, 18/10/01, 19/10/01, 22/10/01, 24/10/01, 25/10/01, 29/10/01, 30/10/01, 31/10/01, 1/11/01, 11/12/01 JUDGMENT DATE : 14 December 2001

PARTIES : Regina v Patrick JOINER JUDGMENT OF : Whealy J at 1

COUNSEL : Mr P. Conlon SC - Crown Mr P. Cattini - Prisoner SOLICITORS : Office of the Solicitor for DDP Mr Greg Adler - Legal Aid LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 R v Isaacs (1997) 41 NSWLR 374 at 378 R v Olbrich (1998) 45 NSWLR 538 at 543 CASES CITED : R v Previtera (1997) 94 A Crim R 76 Bollen v R (1998) 99 A Crim R 510 Ashfield (Gunn-Brit) (NSWCCA unreported 17 February 1998) Regina v Lowe (NSWCCA 14 November 1995) DECISION : Patrick Joiner, I sentence you to 18 years imprisonment. The sentence is to commence from 26 October 2000. I set a non-parole period of 13 years and six months commencing 26 October 2000 and expiring on 25 April 2014. The prisoner will be eligible to be released on parole on that day, 25 April 2014.

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

WHEALY J

FRIDAY 14 December 2001

REGINA v Patrick JOINER

SENTENCE

1 HIS HONOUR: The prisoner Patrick Joiner was tried before me on an indictment that charged that, on or about 8 October 2000 at Sydney, he did murder Mary Seretis Joiner. On Thursday, 1 November 2001 the prisoner was found guilty of murder as charged. Submissions on sentence were made on 11 December 2001. The prisoner was on that day remanded in custody until today for the passing of sentence. 2 The maximum penalty for the crime of murder is life imprisonment. 3 I am required to find the facts relevant to sentencing. It is necessary that the facts I find be consistent with the jury's verdict. The facts find relevant to sentencing must be, so far as they relate to findings of fact against the prisoner, be findings arrived at beyond reasonable doubt (R v Isaacs (1997) 41 NSWLR 374 at 378). The onus of proof going to matters of mitigation is on the prisoner who must establish such matters on the balance of probabilities (R v Olbrich (1998) 45 NSWLR 538 at 543). 4 On or about 26 October 2000, police officers found the deceased's body in a state of advanced decomposition in the boot of her vehicle, a VW Golf Registration No MSJ.31. The vehicle had been seen there, according to one resident, during the previous week or so. 5 Dr Lawrence, a Forensic Pathologist, made observations of the condition of the body, the injuries to it and details relating to the deceased's clothing and other related matters. The principal injuries he observed were these: - 1. The deceased had a 10 millimetre laceration to her left upper lip.