R v Kelly [2012] NSWSC 1104

Supreme Court New South Wales

Medium Neutral Citation: R v Kelly [2012] NSWSC 1104 Hearing dates: 10 August 2012 Decision date: 14 September 2012 Before: R A Hulme J Decision: Sentenced to imprisonment comprising a non-parole period of 13 years 6 months and a balance of the term of the sentence of 4 years 6 months. The sentence will date from 10 April 2011. The offender will be eligible for release on parole upon the expiration of the non-parole period on 9 October 2024. Catchwords: CRIMINAL LAW - sentence - murder - intention to kill - provocation rejected - plea of guilty - favourable subjective case Category: Sentence Parties: Regina Peter Joseph Kelly Representation: Counsel: Mr L Lungo (Crown) Mr P Givorshner (Offender) Solicitors: Solicitor for Public Prosecutions Blair Criminal Lawyers File Number(s): 2011/117003

Judgment 1 HIS HONOUR: Peter Joseph Kelly is to be sentenced for the murder of Maria ("Lou") Devrell at Tamworth on 28 March 2011.

Victim impact 2When the Crown and defence cases on sentence were presented on 10 August last, Ms Amy Devrell, the daughter of the deceased, bravely read a prepared victim impact statement. The grief and distress that she and her father have suffered through the loss of a person who was described as "a beautiful woman" who "could have brightened anyone's day" is almost unfathomable. At the outset of these sentencing remarks I want to acknowledge that suffering and again extend my deepest sympathy. I also trust that Ms Devrell will not lose hope and will fulfil the faith that her mother had that she would realise her full potential.