REGINA v. ROBINSON [2004] NSWSC 465

New South Wales Supreme Court

CITATION : REGINA v. ROBINSON [2004] NSWSC 465 revised - 10/06/2004 HEARING DATE(S) : 23/2/04 - 27/2/04; 1/3/04 - 4/3/04; 8/3/04 - 12/3/04; 2/4/04; 28/5/04 JUDGMENT DATE : 28 May 2004 JURISDICTION: Criminal JUDGMENT OF : Greg James J at 1 DECISION : Sentenced to a term of imprisonment for a term of 22 years commencing 12 December 1999 and expiring on 11 December 2021. I set a non-parole period of 14 years. The earliest date on which the offender will be eligible for release on parole is 11 December 2013.

CATCHWORDS : Criminal law - sentencing - murder - convicted on re-trial after successful appeal - both parties submit original sentencing appropriate, subject to subsequent circumstances - application of policy in Gilmore - reduction in non-parole period to reflect additional prospects of rehabilitation LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Gilmore (1979-80) 1 ACR 416 CASES CITED : Bedford (1986) 5 NSWLR 711 Lowe (1984) 154 CLR 606 Harrison & Georgiou (unreported 19 December 2003) PARTIES : REGINA v. ROBINSON, Harry FILE NUMBER(S) : SC No. 70056 of 1999 COUNSEL : Crown: T. Hoyle, SC. Off: M. Paish SOLICITORS : Crown: Director of Public Prosecutions Off: Ross Hill & Associates

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

GREG JAMES, J.

FRIDAY 28 MAY 2004

No. 70056 of 1999

REGINA v. HARRY ROBINSON

SENTENCE

1 HIS HONOUR: The offender, Harry Robinson, was found guilty by the verdict of a jury on 12 March, of the offence that he had on 17 September 1998 at Junee in the State of New South Wales murdered John Thomas Kennett. That verdict was reached at a trial, which had commenced on 23 February 2004. 2 The offender had previously undergone a trial in April 2000 before Justice Barr and a jury and had similarly been convicted at that trial of this crime but had successful appealed. It is common ground between the Crown and the offender's legal representatives that all relevant circumstances, except for one to which I will return, were adverted to by Justice Barr when he sentenced the offender on Friday 16 June 2000 to a term of imprisonment of 22 years commencing on 12 December 1999 and expiring on 11 December 2021. His Honour at that time imposed a non-parole period of 15 years, providing for the offender to become eligible to be released on parole no earlier than and on 11 December 2014. 3 It is also common ground between the parties that the sentencing regime has, to some extent changed. At the time at which Justice Barr sentenced the offender, s.21A of the Crimes (Sentencing Procedure) Act 1999 provided as follows:- "1. In determining the sentence to be imposed on an offender, a court must impose a sentence of a severity that is appropriate in all the circumstances of the case. 2. For that purpose, the court must take into account such of the following matters as are relevant and known to the court:- (a) the nature and circumstances of the case, (b) if the offence forms part of a course of conduct consisting of a serious of criminal acts – that course of conduct, (c) the person circumstances of any victim of the offence, including:- (i) the age of the victim (particularly if the victim is very old or very young), and (ii) any physical or mental disability of the victim, and (iii) any vulnerability of the victim arising because of the nature of the victim's occupation, (d) any injury, loss or damage resulting from the offence, (e) the degree to which the offender has shown contrition for the offence:- (i) by taking action to make reparation for any injury, loss or damage resulting from the offence, or (ii) in any other manner, (f) the need to deter the offender or other persons from committing an offence of the same or a similar character, (g) the need to protect the community from the offender,