R v Wicks [2009] NSWSC 266

New South Wales Supreme Court

CITATION : R v Wicks [2009] NSWSC 266

HEARING DATE(S) : 3 April 2009

JUDGMENT DATE : 24 April 2009

JUDGMENT OF : James J

DECISION : For the crime of murdering Gayle Wales - sentenced to a non-parole period of 15 years commencing on 5 February 2007 and expiring on 4 February 2022 and a balance of the term of 5 years commencing on 5 February 2022 and expiring on 4 February 2027. The earliest date on which prisoner will be eligible for release on parole will be 4 February 2022

CATCHWORDS : CRIMINAL LAW — Sentencing — murder

LEGISLATION CITED : Crimes (Sentencing Procedure) Act Crimes Act

CATEGORY : Sentence

PARTIES : Regina WICKS, Steven John

COUNSEL : R Hoenig - Crown M D Austin - Accused

SOLICITORS : S Kavanagh (Solicitor for Public Prosecutions) S O'Connor (Legal Aid Commission of NSW)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

FRIDAY 24 APRIL 2009

2008/2739 R v STEVEN JOHN WICKS

REMARKS ON SENTENCE 1 HIS HONOUR: on 7 November 2008 Steven John Wicks pleaded guilty to a charge that on 5 February 2007 at Busby he murdered Gayle Wales. The prisoner had been arrested on 5 February 2007 and his trial on the charge of murder had been fixed to commence on 22 September 2008. The night before the trial was fixed to commence the prisoner made an attempt to take his own life and as a result of this attempt at suicide the trial was adjourned. At the prisoner's own request he was arraigned on 7 November 2008 and he then pleaded guilty. 2 The maximum penalty for the offence of murder is imprisonment for life. There is a standard non-parole period of 20 years. 3 The evidence on behalf of the Crown in the proceedings for the sentencing of the prisoner consisted of a statement of agreed facts, a photograph of the knife used by the prisoner to kill the victim, the prisoner's criminal history, the custodial history of the prisoner who had been continuously in custody referable to this offence from 5 February 2007 and a victim impact statement by Ms Vickie Wales, a sister of the deceased, who read the victim impact statement. 4 The evidence on behalf of the prisoner consisted of three reports by Dr Bruce Westmore forensic psychiatrist, dated 15 February 2008, 8 October 2008 and 19 January 2009, and a report by a psychologist Mr Peter Champion. The prisoner did not give evidence in the proceedings on sentence and there was no pre-sentence report. There was no oral evidence in the proceedings on sentence. 5 I will now set out the statement of agreed facts. I was informed at the hearing that, where the statement of agreed facts contains an assertion by the prisoner, I should proceed on the basis that what the prisoner asserted can be taken to be true.