R v David John DUNN [2013] NSWSC 237

Supreme Court New South Wales

Medium Neutral Citation: R v David John DUNN [2013] NSWSC 237 Hearing dates: 21 March 2013 Decision date: 26 March 2013 Before: Adamson J Decision: (1) For the offence of armed robbery, he is sentenced to a fixed term of imprisonment for three years, to date from 9 September 2010. (2) For the murder of Rebecca Apps, he is sentenced to imprisonment for 19 years and 6 months, commencing 9 March 2012, with a non-parole period of 12 years and 6 months. The earliest date upon which the offender is eligible for release on parole is 8 September 2024. Catchwords: CRIMINAL LAW-sentence-murder-moral culpability- diminished where intellectual disability compromises tolerance and responses to frustration- causal nexus between delusion and criminal act

CRIMINAL LAW-sentence-armed robbery- R v Henry features present Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: - McLaren v R [2012] NSWCCA 284 - Muldrock v The Queen [2011] HCA 39; 244 CLR 120 - Pearce v The Queen [1998] HCA 57; 194 CLR 610 - R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 - R v Henry [1999] NSWCCA 111; 46 NSWLR 346 - R v Previtera (1997) 94 A Crim R 76 - R v Olbrich [1999] HCA 54; 199 CLR 270 - R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Sentence Parties: Regina David Dunn (Offender) Representation: Counsel: L L Lungo (Regina) M J Ierace SC and P J Pearsall (Offender) Solicitors: New South Wales Director of Public Prosecutions (Crown) Legal Aid New South Wales (Offender) File Number(s): 2010/301016 2010/398990 Publication restriction: Nil