NSW Caselaw
New South Wales Supreme Court
CITATION : R v MJR [2010] NSWSC 653
HEARING DATE(S) : 17 May 2010, 18 May 2010
JUDGMENT DATE : 18 June 2010
JUDGMENT OF : Johnson J at 1
1. The Offender is convicted for the crimes of murder and aggravated break enter and steal to which he has pleaded guilty. For the offence of aggravated break enter and steal, taking into account the matters on the Form 1 for this offence, the Offender is sentenced to a non-parole period of two years and six months commencing on 24 April 2008 and expiring on 23 October 2010, with a balance of term of one year and six months commencing on 24 October 2010 and expiring on 23 April 2012. 2. For the offence of murder, taking into account the matters on the Form 1 for this offence, the Offender is sentenced to a non-parole period of 11 years and one month commencing on 24 October 2009 and expiring on 23 November 2020, with a balance of term of five years and one month commencing on 24 November 2020 and expiring on 23 December 2025. DECISION : 3. An order is made under s.19 Children (Criminal Proceedings) Act 1987 directing that the Offender serve his sentence up to the age of 21 years as a juvenile offender. 4. Although it remains a matter for the Mental Health Review Tribunal to determine under s.59 Mental Health (Forensic Provisions) Act 1990, it is recommend that the Offender be detained in the Forensic Hospital for as long as is reasonably possible, in accordance with law, to assist the process of care and treatment, which will aid his rehabilitation and serve the public interest. 5. The earliest date upon which the Offender will be eligible for release on parole is 23 November 2020.
CATCHWORDS : CRIMINAL LAW - sentence - pleas of guilty - murder - aggravated break enter and steal - father murdered by 17-year old son - shotgun blast to head while father sleeping - prior good character - offender suffering from undiagnosed juvenile bipolar disorder at time of offence - offender now a correctional patient detained at Forensic Hospital - relevance of mental disorder and youth to sentence
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