Regina v Gonzales [2004] NSWSC 822

New South Wales Supreme Court

CITATION : Regina v Gonzales [2004] NSWSC 822 HEARING DATE(S) : 27/08/04 JUDGMENT DATE : 17 September 2004

JUDGMENT OF : James J at 1 DECISION : Three sentences of life imprisonment commencing on 13 June 2002

LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act R v Arthurell: unreported, NSWSC 3/10/1997 R v Harris (2000) 50 NSWLR 409 R v Isaacs (1997) 41 NSWLR 374 R v Merritt [2004] NSWCCA 19 CASES CITED : R v Previtera (1997) 94 A Crim R 76 R v Twala: unreported, NSWCCA 4/11/1994 R v Valera [2002] NSWCCA 50 The Queen v Olbrich (1999) 199 CLR 270 Weininger v The Queen (2003) 77 ALJR 872 PARTIES : Regina v Sef Gonzales FILE NUMBER(S) : SC 70068/03 COUNSEL : M Tedeschi QC/S Huggett - Crown W Terracine SC/P Massey - Prisoner SOLICITORS : Ms F Rowbotham - Crown P Townsend - Prisoner

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

Friday 17 September 2004

70068/03 REGINA v SEF GONZALES

REMARKS ON SENTENCE 1 HIS HONOUR: On 20 May 2004 at the conclusion of a trial at which I presided the jury found the prisoner Sef Gonzales guilty of the three counts of murder with which he had been charged, that on 10 July 2001 at North Ryde he had murdered Clodine Gonzales, Mary Loiva Josephine Gonzales and Teddy Gonzales. Clodine Gonzales was the prisoner's sister and his only sibling. She had had her eighteenth birthday on 9 July 2001, the day before the murders. Mary Loiva Josephine Gonzales was the prisoner's mother and Teddy Gonzales was the prisoner's father. 2 After the jury returned their verdicts of guilty on 20 May 2004, I was informed by the Crown prosecutor and counsel for the prisoner at the trial that 27 August would be a date suitable to the parties for the hearing of the proceedings on sentence. I was informed that an adjournment of that length would enable certain evidence including a pre-sentence report about the prisoner to be obtained. I stood over the proceedings on sentence to 27 August. 3 The hearing of the proceedings on sentence took place on 27 August. In the proceedings on sentence the Crown tendered and I admitted into evidence a criminal history of the prisoner which showed that prior to the three convictions for murder he had had no criminal convictions and a pre-sentence report dated 25 August 2004 prepared by Ms Karen Langdon the Unit Leader of the Parole Unit at the Silverwater Correctional Centre. 4 At the hearing of the proceedings on sentence I received victim impact statements by Emily Luna a sister of Mrs Mary Gonzales, Annie Paraan another sister of Mrs Mary Gonzales and Amelita Claridades the mother of Mrs Mary Gonzales. A representative of these members of a primary victim's immediate family read out these victim impact statements to the Court. I do not doubt that the murders of Mrs Gonzales and the other two victims have had a severe impact on these family members. However, in accordance with a line of authorities including R v Previtera (1997) 94 A Crim R 76, I do not consider it appropriate that I should take these victim impact statements into consideration in determining the punishment which should be imposed on the prisoner. 5 The prisoner gave evidence at the hearing of the proceedings on sentence. He said that, contrary to his own wishes, he had been placed in protective custody, as a result of an assessment made by the Correctional authorities. In his evidence he maintained his innocence of the crimes of which he had been found guilty. He said that he would not plead guilty to offences which he had not committed in order to make other people happy, notwithstanding that he had been told that, if he pleaded guilty and showed remorse, he might receive lesser sentences. 6 In the proceedings on sentence counsel for the prisoner tendered and I admitted a report about the prisoner by a psychiatrist Professor David M Greenberg, who had conducted a psychiatric assessment of the prisoner on 5 August and 8 August. 7 Later in these remarks on sentence I will make further reference to some of the evidence admitted at the hearing of the proceedings on sentence. 8 On 27 August after the taking of evidence and the making of submissions had been completed, I reserved my decision on what sentences should be imposed on the prisoner.