Regina v Waters [2006] NSWSC 502

New South Wales Supreme Court

CITATION : Regina v Waters [2006] NSWSC 502

HEARING DATE(S) : 17 March 2006, 12 May 2006.

JUDGMENT DATE : 26 May 2006

JUDGMENT OF : Hislop J

DECISION : Imprisonment for a non parole period of 15 years to commence on 17 January 2005 and expire on 16 January 2020 with balance of term of 5 years to commence on 17 January 2020 and expire on 16 January 2025.

CATCHWORDS : Criminal law - Sentence - Murder - Plea of guilty.

LEGISLATION CITED : Crimes Act 1900 - s 19A(1) Crimes (Sentencing Procedure) Act 1999 - ss 3A, 21A, 44(2), 54A, Division 1A

R v Previtera (1997) 94 A Crim R 76 CASES CITED : R v Thompson (2000) 49 NSWLR 383 R v Tobar [2004] NSWCCA 391 R v Way [2004] 60 NSWLR 168

Crown - Regina PARTIES : Offender - Glenn Allan Waters

FILE NUMBER(S) : SC 2004/33

COUNSEL : Crown - Mr T. Bailey Offender - Mr R. Button SC

SOLICITORS : Crown - Director of Public Prosecutions (New South Wales) Offender - Legal Aid Commission of New South Wales

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

HISLOP J

26 May 2006

2004/33 Regina v Glenn Allan Waters

JUDGMENT 1 On 3 March 2006 the offender pleaded guilty to a charge that on 10 January 2005 he did murder Gregory Lansdowne. He comes before me for sentence. 2 The deceased was 29 years of age when he met his death. He had, for some time, pursued a lifestyle of living on social security, not working, drinking heavily and using drugs. He became homeless and generally lived in squats in the Parramatta area or slept under bridges. 3 Victim impact statements from his parents were read, testifying to the effect upon them of the deceased's death and the loss of their hopes that one day their son would change his ways and become reconciled with them, a hope destroyed by the actions of the offender. I have had regard to the victim impact statements to the extent permitted by law – R v Previtera (1997) 94 A Crim R 76. 4 The deceased's lifestyle brought him into contact with other people who were similarly placed, including the offender, and a Ms Lawrence with whom the offender had a close relationship. 5 At the time he met his death the deceased was living in a derelict fire-damaged house in Parramatta. The offender, Ms Lawrence and others had shared that accommodation for a time but had moved to another house shortly before the deceased's death. At the time of his death the deceased was sharing the accommodation with a Ms Ritchie. 6 Ms Lawrence claimed the deceased owed her $20. The offender claimed the deceased owed him $60. The offender also was of the opinion that the deceased was endeavouring to commence a relationship with Ms Ritchie, whilst her boyfriend, a friend of the offender, was in gaol. 7 On 10 January 2005 the offender and Ms Lawrence consumed a considerable quantity of alcohol and the offender used some drugs. In the evening they decided to visit the deceased. Shortly after 11pm they proceeded to the deceased's squat. The offender told police in an electronically recorded interview on 17 January 2005 that in the course of walking to the deceased's squat he became angry at the deceased and wanted to teach him a lesson. He took a metal pipe 2.5 – 3 feet long which was attached to a shovel handle from the backyard of the deceased's squat with the intention of hitting the deceased with it. 8 There was evidence from a Mr Lambert that the offender and Ms Lawrence had taken the metal implement when they left the house to visit the deceased. If this was the case it may be the offender's intent to strike the deceased with it was formed earlier than he admits. However I am unable to find beyond a reasonable doubt that the offender had an intention to inflict grievous bodily harm on the deceased when he left the house where he was residing. Accordingly it is unnecessary to determine whether the metal implement was taken from the house where the offender was living or from the backyard of the squat.