R v Lauren Mae Batcheldor [2012] NSWSC 1398

Supreme Court New South Wales

Medium Neutral Citation: R v Lauren Mae Batcheldor [2012] NSWSC 1398 Hearing dates: 30 - 31 July 2012; 1 - 2 August 2012; 6 - 8 August 2012; 14 - 17 August 2012; 2 November 2012; 22 November 2012 Decision date: 22 November 2012 Before: Bellew J Decision: 1. In respect of the offence of specially aggravated kidnapping of Matthew Digby, the offender is sentenced to a fixed term of 7 years imprisonment, commencing on 22 October 2011, and ending on 21 October 2018. 2. In respect of the offence of the murder of Matthew Digby, the offender is sentenced to a non-parole period of 18 years imprisonment commencing on 22 October 2011 and ending on 21 October 2029, with an additional term of 6 years imprisonment, commencing on 22 October 2029 and ending on 21 October 2035, that is a total of 24 years imprisonment. 3. The offender will be eligible for release on parole on 22 October 2029 and her sentence will end on 21 October 2035. Catchwords: CRIMINAL LAW - Murder - Crown case one of constructive murder based on foundational offence of specially aggravated kidnapping - Sentence following verdict of guilty by jury Legislation Cited: Crimes Act 1900 Crimes (Sentencing and Procedure) Act 1999 Cases Cited: Butters v The Queen [2010] NSWCCA 1 Josefski v R [2010] NSWCCA 41 Markarian v R (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120 Pearce v R (1998) 194 CLR 610 R v Berg [2004] NSWCCA 300; (2005) 41 MVR 399 R v JB [1999] NSWCCA 93 R v Jacobs (2004) 151 A Crim R 452 R v Isaacs (1997) 41 NSWLR 374 R v Mills (NSWCCA 5 April 1995 unreported) R v Newell [2004] NSWCCA 184 R v Previtera (1997) 94 A Crim R 76 SBF v R [2009] NSWCCA 231 Category: Principal judgment Parties: Regina (Crown)