R v Richard James Walsh [2012] NSWSC 1399

Supreme Court New South Wales

Medium Neutral Citation: R v Richard James Walsh [2012] NSWSC 1399 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 8 years imprisonment, commencing on 23 February 2010 and ending on 22 February 2018. 2. In respect of the offence of the murder of Matthew Digby the offender is sentenced to a non-parole period of 21 years imprisonment commencing on 23 February 2010 and ending on 22 February 2031, with an additional term of 7 years imprisonment commencing on 23 February 2031 and ending on 22 February 2038, that is a total term of 28 years imprisonment. 3. The offender will be eligible for release on parole on 23 February 2031 and his sentence will end on 22 February 2038. Catchwords: CRIMINAL LAW - Murder - Constructive murder - Foundational offence of specially aggravated kidnapping - Where Crown case put on the basis of an intentional killing and alternatively constructive murder - Factual findings to be made consistent with the jury's verdict Legislation Cited: Crimes Act 1900 Crimes (Sentencing and Procedure) Act 1999 Evidence Act 1995 Cases Cited: Knight v R [2006] NSWCCA 292 Markarian v R (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120 Pearce v R (1998) 194 CLR 610 R v Batcheldor [2012] NSWSC 1398 R v Isaacs (1997) 41 NSWLR 374 R v Jacobs [2004] NSWCCA 462; (2001) 151 A Crim R 452 R v Mills (CCA (NSW) 5 April 1995 unreported R v Newell [2004] NSWCCA 184 R v Previtera (1997) 94 A Crim R 76 R v Yeo [2003] NSWSC 15 Category: Principal judgment Parties: Regina Richard Walsh - Offender Representation: M Grogan - Crown