R v Ray [2013] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: R v Ray [2013] NSWSC 767 Hearing dates: 12 June 2013 Decision date: 12 June 2013 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 24 years with a non-parole period of 18 years Catchwords: CRIMINAL LAW - sentencing - murder - intent to cause grievous bodily harm - savage unarmed assault - significant history or violence - offence while on parole and apprehended domestic violence order - future dangerousness Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Sentence Parties: Regina Jole Ki Ray Representation: Counsel: Ms H Wilson (Crown) Dr R Webb (Offender) Solicitors: Solicitor for Public Prosecutions Voros Lawyers File Number(s): 2011/117034

Judgment 1HIS HONOUR: Jole Ki Ray, the offender, is to be sentenced for the murder of Ms Priscilla Perry at The Entrance on 9 April 2011. He was found guilty of this offence by a jury on 9 May 2013 after a trial at Newcastle. 2The killing of Ms Perry was not something that the offender intended or planned. What he did intend was to inflict really serious bodily harm upon her in a savage assault with his fists and feet. This occurred when he exploded in rage as a result of a combination of relatively trivial matters at a time when Ms Perry was particularly vulnerable. 3The offender is a violent man, particularly against women. He killed Ms Perry only two months after having been released on parole in respect of the brutal assault of another young woman. 4The crime of murder is one that is punishable by imprisonment for life. The maximum penalty for an offence is reserved for those falling in the worst case category of their type. It has not been suggested by the Crown that a life sentence should be imposed in this case and that concession is realistic. 5In determining the appropriate sentence it is necessary that the statutory guideposts of the maximum penalty and the prescribed standard non-parole period of 20 years be borne in mind, along with all other facts and circumstances pertaining to the offence and the offender.