NSW Caselaw
New South Wales Supreme Court
CITATION : R v John WALSH [2009] NSWSC 764
HEARING DATE(S) : 10 July 2009
JUDGMENT DATE : 7 August 2009
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : For the murder of JH the offender is convicted and sentenced to imprisonment for life. For the murder of KH the offender is convicted and sentenced to imprisonment for life. For the offence of causing grievous bodily harm to SW with intent to murder SW, the offender is convicted and sentenced to imprisonment with a non-parole period of 12 years commencing on 30 June 2008 and expiring on 29 June 2020 and a balance of term of 4 years. For the murder of JW, the offender is convicted and sentenced to imprisonment with a non-parole period of 15 years commencing on 30 June 2011 and expiring on 29 June 2026 and a balance of term of 5 years.
CATCHWORDS : CRIMINAL LAW- particular offences – murder – attempted murder - offender pleaded guilty to three counts murder and one count attempted murder – sentence – domestic killing – husband murdered wife – grandfather murdered his two young grandchildren – father attempted to murder daughter – whether worst case category – whether life sentence warranted – offences remain unexplained – whether objective criminality tempered by absence of certain features – comparison with other cases unhelpful – offender's extreme culpability not mitigated by any subjective circumstances of the offender – life sentences imposed
LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY : Sentence
Gonzales v R [2007] NSWCCA 321; (2007) 178 A Crim R 232 Holyoak (1995) 82 A Crim R 502 R v Alexander [1999] NSWSC 413; (1999) 107 A Crim R 449 R v De Gruchy [2000] NSWCCA 51; (2000) 110 A Crim R 271 R v Helmsley [2004] NSWCCA 228 R v Jang [1999] NSWSC 1153 CASES CITED : R v Kalajzich (1997) 94 A Crim R 41 R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557 R v Mitchell and Gallagher [2007] NSWCCA 296; (2007) 177 A Crim R 94 R v Previtera (1997) 94 A Crim R 76 R v Thawer [2009] NSWCCA 158 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Velevski (Supreme Court of New South Wales, 26 September 1997, unreported) R v Way [2004] NSWCCA 131; 60 NSWLR 168
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