R v Cox [2009] NSWSC 1067

New South Wales Supreme Court

CITATION : R v Cox [2009] NSWSC 1067

HEARING DATE(S) : 6 October 2009

JUDGMENT DATE : 16 October 2009

JUDGMENT OF : R A Hulme J

DECISION : Sentenced to imprisonment for 18 years with a non-parole period of 13 years 6 months.

CATCHWORDS : CRIMINAL LAW - sentence - murder - intend to inflict grievous bodily harm - severe beating with a large wrench - offender intoxicated and believed deceased was a paedophile - offence just below mid-range seriousness

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CATEGORY : Sentence

CASES CITED : Smale v R [2009] NSWCCA 220

PARTIES : Regina (Crown) Justin Paul Cox (Offender)

FILE NUMBER(S) : SC 2009/11027

COUNSEL : Mr P Cattini (Crown) Mr A Haesler SC (Offender)

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

R A Hulme J

16 October 2009

2009/11027 R v Justin Paul COX

JUDGMENT 1 HIS HONOUR: The offender, Justin Paul COX, has pleaded guilty to the murder of Samuel Connolly in the early hours of 2 January 2009 at Narooma. In sentencing him for that offence he has asked that I take into account that earlier on the same night he assaulted and inflicted actual bodily harm upon Mr Connolly.

2 The offender was born on 20 December 1982 at Penrith. He lived in that area with his family until they moved to Narooma when he was about 7 years of age. He was educated at Werrington County Primary School and then Narooma Public School and Narooma High School. He experienced learning difficulties, perhaps because of dyslexia, and exhibited behavioural problems at school. He was disruptive, got involved in fights, was defiant of teachers and, in his last two years, his attendance was infrequent. He was expelled in Year 9 after a physical fight with a teacher and throwing a table at the principal.