Butcher v R [2010] NSWCCA 281

New South Wales Court of Criminal Appeal

CITATION: Butcher v R [2010] NSWCCA 281

HEARING DATE(S): 26 October 2010

JUDGMENT DATE: 3 December 2010

JUDGMENT OF: Allsop P at 1; Adams J at 108; Howie AJ at 109

DECISION: Appeal dismissed.

LEGISLATION CITED: Crimes Act 1900 (NSW) s 26

CATEGORY: Principal judgment

PARTIES: Paul Butcher (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/11154003

COUNSEL: In Person (Appellant) Ms V Lydiard (Crown)

SOLICITORS: In Person (Appellant) Director for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/610037

LOWER COURT JUDICIAL OFFICER: O'Connor DCJ

LOWER COURT DATE OF DECISION: 4 July 2008

IN THE COURT OF CRIMINAL APPEAL 2007/11154003

ALLSOP P ADAMS J HOWIE AJ

Friday 3 December 2010 BUTCHER v R Judgment 1 ALLSOP P: On 19 November 2007, after a trial that had commenced on 5 November before O'Connor DCJ in the District Court at Sydney, the appellant, Mr Paul Butcher, was found guilty by a jury that on September 2006 at Lithgow in the State of New South Wales he did solicit Mark Black to murder Evoon Butcher. 2 The offence was contrary to the Crimes Act 1900 (NSW), s 26 and carries a maximum penalty of 25 years imprisonment. There is a standard non-parole period of 10 years. 3 On 4 July 2008, the appellant was sentenced to a term of imprisonment of a non-parole period of five years six months commencing on 18 September 2006 and expiring on 17 March 2012 with a balance of term of three years and six months to expire on 17 September 2015. 4 The appellant originally filed a notice of appeal on 9 November 2009 indicating that he was appealing against conviction and sentence. No submissions were filed on the question of sentence and only the conviction appeal was pressed. 5 The appellant appeared for himself and filed detailed submissions and made oral submissions to the Court. Before turning to those submissions, I will outline the relevant facts that are supported by evidence at the trial. 6 In July 2006, the appellant, who was married, commenced an affair with the co-offender, a Ms Debra Stevenson. Sometime after the affair commenced, the appellant told Ms Stevenson that he would lose his children and most of his money and houses if he and his wife separated. The appellant had a number of properties in Lithgow. The appellant told Ms Stevenson on a number of occasions that he should kill his wife. 7 On the afternoon of 6 September 2006, Ms Stevenson went to the Lithgow Hotel with Mr Mark Black and in the course of the evening told him she had a friend who needed a favour done. Ms Stevenson then asked Mr Black if he would kill Mrs Butcher. 8 At around 10 pm that evening, Mr Black and Ms Stevenson left the hotel and met with the appellant outside the home he shared with his wife and children. 9 The appellant provided Ms Stevenson and Mr Black with keys to the house and his wife's car, together with handcuffs, rubber washing up gloves, tea towels and later a knife. 10 The appellant told Mr Black to either drown Mrs Butcher (who could not swim) in a nearby lake or kill her and he would bury her under some concrete landscaping he proposed to do in his backyard. 11 The appellant told Mr Black he would pay him $5,000. 12 Mr Black told the appellant that he could not kill Mrs Butcher but said that he might know someone who could do the job. 13 The next day, Mr Black went to the police who arranged for an undercover police operative to meet with Ms Stevenson. 14 On 8 September 2006, Mr Black introduced Ms Stevenson to the undercover police officer and Ms Stevenson asked him to kill the appellant's wife. 15 On 14 September 2006, Mr Black met the appellant at Bullaburra railway station where the appellant was working and the appellant told him that he had changed his mind and decided to divorce his wife instead. 16 On 18 September 2006, the appellant was arrested. A search of the house where he was living with Ms Stevenson located a pair of handcuffs and rubber gloves. A large hole was also observed in the backyard of the home the appellant shared with his wife and children.