R v Bennett [2009] NSWSC 1382

New South Wales Supreme Court

CITATION : R v Bennett [2009] NSWSC 1382

HEARING DATE(S) : 2 December 2009

JUDGMENT DATE : 4 December 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 - multiple blows to the head with a hammer - intention to kill - early plea of guilty

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY : Sentence

PARTIES : Regina Stephen Lawrence BENNETT

FILE NUMBER(S) : SC 2009/8920

COUNSEL : Mr P Barnett SC (Crown) Mr G Turnbull SC (Offender)

SOLICITORS : Solicitor for Public Prosecutions Campbell Paton & Taylor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

R A Hulme J

4 December 2009

2009/8920 Regina v Stephen Lawrence BENNETT

JUDGMENT

1 On 9 June 2009 in the Local Court at Orange, the offender, Stephen Lawrence BENNETT pleaded guilty to the murder of Lee Mintern at Gowan on 28 March 2008. He was committed to stand for sentence in this Court and he has adhered to his plea of guilty. He appeared before me on 2 December 2009 when I heard and received evidence and submissions on sentence.

2 The crime of murder has prescribed for it a maximum penalty of imprisonment for life (s 19A Crimes Act 1900) and a standard non-parole period of 20 years (Part 4 Division 1A Crimes (Sentencing Procedure) Act 1999).

Facts

3 Ms Mintern was 44 years old when she was killed. The cause of death was blunt force head injury. An autopsy examination revealed there was "massive skull fracturing" mainly to the right side of the head. There were a number of "punched out" well defined areas of skull fracturing on the left side, characteristic of having been caused by a hammer or similar implement. The right mastoid bone was partially traumatically separated from the base of the skull. This is said to be a heavy, rugged bone and the forensic pathologist's opinion was that it would take a large amount of force to physically separate it from the rest of the skull. It was estimated that at least six blows would have been required to cause the amount and severity of skull fracturing.