R v Wilson [2004] NSWSC 597

New South Wales Supreme Court

CITATION : R v Wilson [2004] NSWSC 597 HEARING DATE(S) : 5 May 2004, 11 June 2004 JUDGMENT DATE : 7 July 2004

JUDGMENT OF : Simpson J DECISION : convicted of the crime of murder; sentenced to imprisonment for twelve years, commencing on 22 October 1999, with a non-parole period of eight years; earliest date eligible for release on parole is 21 October 2007

CATCHWORDS : rehabilitation - plea of guilty - finding of special circumstances - remorse and contrition - prior good character - serious objective circumstances - victim impact statements LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 Crimes (Sentencing Procedure) Act 1999 s44 CASES CITED : R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 PARTIES : Crown Shannon Blake Wilson - Accused FILE NUMBER(S) : SC 70073/01 COUNSEL : Mr Bruce Smith - Crown Ms Carolyn Davenport - Defence SOLICITORS : Mr Michael Love - Crown Ms Stella Calomeris - Defence

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Wednesday 7 July 2004

70073/01 Regina v Shannon Blake Wilson

REMARKS ON SENTENCE 1 HER HONOUR: The offender, Shannon Blake Wilson, appears for sentence following his plea of guilty to a charge that, on 15 October 1999, he murdered Kevin Earl Lester.

chronology 2 The murder of Mr Lester occurred in remote bushland near Nowra on 15 October 1999. I will shortly return to the circumstances. On 22 October 1999, being aware that he was the suspect in the murder, Mr Wilson presented himself at the Nowra Police Station. There he was interviewed and denied any involvement in Mr Lester's death. He gave a false account of his movements on 15 October. At the conclusion of that interview Mr Wilson was taken by police to the premises where he was then living. Those premises were searched. Mr Wilson then returned to the police station, where he was told that he was under arrest for murder. He was cautioned and further interviewed. On this occasion he made a number of admissions and gave an account of the events leading to and surrounding the murder. On 20 November 2000, after an inquiry conducted in accordance with Part 2 of the Mental Health (Criminal Procedure) Act 1990 ("the MH(CP) Act"), Mr Wilson was found unfit to be tried. On 21 June 2001 the Mental Health Review Tribunal ("the Tribunal") determined that Mr Wilson would not, in the twelve months following the finding of unfitness, become fit to be tried. Accordingly, in March 2002, a jury was empanelled for the purpose of the conduct of a special hearing pursuant to s19 of the MH(CP) Act. On 20 March 2002 the jury found, on the limited evidence available, that Mr Wilson had committed the offence of murder (see s22). On 22 March 2002, pursuant to s23 of the MH(CP) Act, Wood CJ at CL indicated that, if the special hearing had been a normal trial of criminal proceedings against a person fit to be tried for the offence of murder, he would have imposed a sentence of imprisonment, and nominated a limiting term of eighteen years in respect of the offence. Pursuant to s24 of the MH(CP) Act, he referred Mr Wilson to the Tribunal and ordered that, pending notification to the Court by the Tribunal of its determination of the matters which the Tribunal was, by s24(2), required to determine, Mr Wilson be detained at Silverwater Correctional Centre. 3 On 30 May 2002 the Tribunal determined, pursuant to s24(2), that Mr Wilson was not suffering from a mental illness, nor from a mental condition for which treatment was available in a hospital. 4 It seems that, on a date which is not disclosed on the evidence, but pursuant to s29(1) of the MH(CP) Act, the Tribunal notified the Attorney-General that it was of the opinion that Mr Wilson had become fit to be tried. Pursuant to s29(1)(a), the Attorney-General requested this Court to hold a further hearing as to Mr Wilson's fitness. That inquiry took place on 3 May 2004, Mr Wilson having elected, in accordance with s11A of the MH(CP) Act, that the question of his fitness to be tried be determined by a judge alone. Uncontested evidence was given by Dr Kipling Tason Walker, a psychiatrist, which satisfied me that Mr Wilson was fit to be tried, and I so determined. I fixed 5 May 2004 as the date on which a trial was to commence. On that date Mr Wilson entered the plea of guilty to the charge of murder. A sentencing hearing took place on 11 June, when I received evidence and heard submissions from the parties.