R v Lee Thomas VERSLYUS [2006] NSWSC 188

New South Wales Supreme Court

CITATION : R v Lee Thomas VERSLYUS [2006] NSWSC 188

HEARING DATE(S) : 21/11/05 - 1/12/05

JUDGMENT DATE : 24 March 2006

JUDGMENT OF : Newman AJ

DECISION : I sentence the prisoner to a non-parole period of 20 years, commencing on 27 July 2004 and expiring on 26 July 2024, when the prisoner will be eligible for release. The additional term is of 6 years and 8 months in accordance with s44 of the Act, commencing on 27 July 2024.

CATCHWORDS : Murder - Standard non-parole period

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Bollen v Regina (1998) 99 ACR 510 Cameron v R (2002) 187 ALR 65 R v GJ Davies [2004] NSWCCA 319 CASES CITED : R v Holten [2004] NSWCCA 214 R v Pellew [2004] NSWCCA 434 R v Previtera (1997) 94 ACR 76 R v Way (2004) 60 NSWLR 168

PARTIES : REGINA Lee Thomas VERSLUYS

FILE NUMBER(S) : SC 2005/839

COUNSEL : Ms P. Adey (Crown) Dr J. Bishop with Ms C. Sclavos (Prisoner)

SOLICITORS : Solicitor for Public Prosecutions (Crown) Mr G. Chegwidden (Prisoner)

- 18 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NEWMAN AJ

24 March 2006

2005/839 R v Lee Thomas VERSLUYS

REMARKS ON SENTENCE 1 NEWMAN AJ: The prisoner, Lee Thomas Versluys, is to be sentenced today for the murder of Jodie Lee Hingston following his conviction on 1 December 2005 by a jury of that crime. The conviction followed a trial which commenced on 21 November 2005. 2 The maximum penalty prescribed by the Crimes Act 1900 for the crime of murder is life imprisonment. 3 Under the Crimes (Sentencing Procedure) Act 1999 a standard non-parole period of twenty years for murder is stipulated. I shall return to the application of the provisions of that Act later in these remarks. 4 Firstly, it is my task to find the objective facts relating to the subject crime. In so doing, I have applied the criminal standard of proof, namely, proof beyond reasonable doubt. The findings of fact which I make must not be inconsistent with the verdict returned by the jury. 5 I find the facts as follows:- 6 Prior to 27 July 2004, the prisoner and the deceased had been in a de- facto relationship for approximately six years. During the course of that relationship they had resided together at various places within the State. As of 27 July 2004 they were living together in a boarding house at 207 Cleveland Street, Redfern, residing in Room 68 in those premises. 7 While the relationship between the prisoner and the deceased had been in existence for some six years, it had not always been one of a peaceful and quite nature. Her mother deposed that in 2003, when the prisoner and the deceased were residing at premises occupied by Mrs Hingston and her husband, there were often arguments between the pair. Mrs Hingston deposed that, at least on one occasion following an argument, the prisoner had chopped up her daughter's clothes. 8 The prisoner and the deceased ceased residing with the deceased's parents after a period of some eight months. The evidence of both Mrs Hingston and her husband is to the effect that relations between the Hingstons and the prisoner and the deceased had deteriorated to such a degree that they could no longer reside together as a group. Mr Hingston deposed as to the excessive nature of the prisoner's attitude towards his daughter. 9 However, the deceased and her parents, particularly Mrs Hingston, kept in contact. 10 In June 2004 the deceased arrived at her parents' home. Her mother deposed that the deceased was bruised and bleeding. The deceased told her mother that the prisoner had punched her, held a knife at her throat and tried to strangle her. Futhermore, the deceased told her mother that the prisoner had accused her of playing up at the time when he assaulted her. The next day the deceased was taken to Royal Prince Alfred Hospital by her mother. The hospital notes taken at that hospital on 18 June 2004 are, in part, as follows:- "Patient states boyfriend beat her 9pm to 2am last night ie:17 June. Punching mainly and scratches to neck with knife and scissors to superficial stab wounds on right arm and leg. No obvious precipitant to the attack. Patient reports that boyfriend has only slapped or given her a black eye before." 11 A Dr Green, who gave evidence of the treatment subsequently received by the deceased following the events of 27 July 2004, interpreted the notes as follows:- "She alleged an assault by her partner on the evening before hand. Of what I can tell she obviously had quite a few bruises all over her. It seemed they were most worried about an injury over her left face and her left breast. She had a lot of punches and scratches but x-rays did not show fractures. From that point of view we were assured that she did not have any serious injuries other than obvious bruising and swelling."