Regina v Bunce [2007] NSWSC 469

New South Wales Supreme Court

CITATION : Regina v Bunce [2007] NSWSC 469

HEARING DATE(S) : 26 March 2007 2 April 2007

JUDGMENT DATE : 11 May 2007

JUDGMENT OF : Price J at 1

DECISION : Sentenced to a term of imprisonment of 24 years which is to commence on 23 May 2005 and is to expire on 22 May 2029. Non-parole period of 18 years which is to commence on 23 May 2005 and expire on 22 May 2023. Eligible to be released on parole on 22 May 2023.

CATCHWORDS : Criminal Practice and Procedure - sentencing - murder - guilty plea - lack of contrition - voluntary disclosure - utilitarian discount - sentencing practice as at the date of commission of offence.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s3A, s21A, s21A(2)(n), s21(1), s44 Crimes Act 1900 s 19A, s19A(2), s19A(3),

R v Harrison (1997) 93 A Crim R 314 R v Palinko [2005] NSWCCA 46 CASES CITED : R v SLD (2003) 58 NSWLR 589 R v Thomson and Houlton (2000) 49 NSWLR 383 The Queen v Olbrich (1999) 199 CLR 270

PARTIES : Regina Gareth John Bunce

FILE NUMBER(S) : SC 1215 of 2006

Mr J Kiely SC - Crown COUNSEL : My P Young SC - Public Defender on 26.3.07, 2.4.07 Mr Bunce in person 11. 5.07

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

PRICE J

FRIDAY 11 MAY 2007

1215 OF 2006 REGINA V GARETH JOHN BUNCE

REMARKS ON SENTENCE 1 HIS HONOUR: Gareth John Bunce pleads guilty to the murder of Margaret Elizabeth Wagner on 18 March 1997. 2 At the time of her death the deceased lived with her husband, Shane Andrew Metcalfe, and their two children, Jason then aged 7 and Samantha aged 2, at 88 Richard Street, Warrimoo. It was in Jason's bedroom in the home that the deceased died as a result of the prisoner placing both his hands on her neck and strangling her. She was 27 years old when she was murdered. 3 During the prisoner's evidence on sentence it became apparent that the extent of the prisoner's pre meditation to kill the deceased was in dispute. The Crown contends that the prisoner travelled to Warrimoo on the day of the murder with the intention of killing the deceased whereas the prisoner gave evidence that the intention was formed when guns were placed in his hands whilst he was in the deceased's home. 4 The onus is on the Crown to prove beyond reasonable doubt that the intent to kill had been formed by the prisoner prior to his attendance at the home on 18 March 1997. 5 The authorship of an undated letter addressed to the deceased in 1993 and whether the prisoner had sexual intercourse with the deceased on the day of her death are further matters of fact which are in dispute and are for the Crown to prove beyond reasonable doubt as findings adverse to the prisoner may increase the objective seriousness of the offence: see The Queen v Olbrich (1999) 199 CLR 270. 6 Before considering these issues, I propose to detail those facts which are not controversial. They are taken largely from the Statement of Facts tendered by the Crown.