R v Marcus John Lee [2012] NSWSC 1240

Supreme Court New South Wales

Medium Neutral Citation: R v Marcus John Lee [2012] NSWSC 1240 Hearing dates: 12 October 2012 Decision date: 19 October 2012 Before: Bellew J Decision: 1. The offender is sentenced to a non-parole period of 13 years and 6 months imprisonment, commencing on 9 May 2011 and ending on 8 November 2024, with an additional period of 4 years and 6 months imprisonment, commencing on 9 November 2024 and ending on 8 May 2029. 2. The total term is one of 18 years imprisonment. 3. The offender will be eligible for release on parole on 9 November 2024 and his sentence will end on 8 May 2029. Catchwords: CRIMINAL LAW - sentence - murder - early plea of guilty following voluntary surrender and confession to police - where evidence established intention to kill the deceased - where disposal of deceased's body an aggravating factor - where absence of explanation of reasons for commission of offence - no evidence given or tendered in the offender's case on sentence - resultant difficulty in determining prospects of rehabilitation - extent to which voluntary surrender should be taken into account where it was likely that lines of enquiry would have led to the offender in any event - whether special circumstances made out Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Butters v R (2010) NSWCCA 1 MAH v R [2006] NSWCCA 226 Markarian v R (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120 R v Bennett [2009] NSWSC 1392 R v Bollen (1998) 99 A Crim R 510 R v Carter [2003] NSWCCA 243 R v Day [2010] NSWSC 983 R v Dong [2010] NSWSC 1241 R v Ellis (1986) 6 NSWLR 603 R v FD and JD (2006) 160 A Crim R 392 R v Fidow [2004] NSWCCA 172 R v Goundar [2010] NSWSC 1170 R v Hasan (2005) NSWCCA 21 R v Simpson (2001) 53 NSWLR 704 R v Thomas [2007] NSWCCA 269 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Previtera (1997) 94 A Crim R 76 Category: Sentence Parties: Crown Marcus John Lee (Offender) Representation: Mr P Barnett SC (Crown) Mr J Fitzgerald (Offender) Director of Public Prosecutions NSW (Crown) Legal Aid Commission of NSW (Offender) File Number(s): 2011/151783 Publication restriction: None