R v Robert Martin HICKS [2013] NSWSC 1324

Supreme Court New South Wales

Medium Neutral Citation: R v Robert Martin HICKS [2013] NSWSC 1324 Hearing dates: 2 August 2013 Decision date: 19 September 2013 Jurisdiction: Common Law Before: Adams J Decision: Sentence of 17 years imprisonment with a non-parole period of 12 years and 9 months to commence on 10 August 2011. The earliest date upon which the offender will be eligible for parole is 10 May 2024. Catchwords: CRIMINAL LAW - SENTENCE - murder - guilty plea entered at a later stage - remorse demonstrated by the behaviour of the offender immediately after the offence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (High Risk) Offenders Act 2006 Category: Sentence Parties: Regina (Crown) Robert Martin Hicks (Offender) Representation: Counsel: H Baker (Crown) P Winch (Offender) Solicitors: Director of Public Prosecutions (Crown) Legal Aid Commission of New South Wales (Offender) File Number(s): 2011/258140

Judgment

Introduction 1On 3 May 2013 the offender Robert Martin Hicks pleaded guilty to the offence of murder, committed on 10 August 2011. The victim was Patricia Newman, with whom he was then in a relationship. The offender was arrested at the scene and charged with Ms Newman's murder. On 31 August 2012 he was committed for trial. On 2 November 2012 he was arraigned on the present indictment and pleaded not guilty. A trial date of 20 May 2013 was fixed. On 15 April 2013 the offender's solicitor informed the Crown that he would plead guilty to murder and, on 3 May 2013, on re-arraignment he did so. He adhered to that plea when the matter came before me for sentence on 2 August 2013. 2The maximum penalty for murder is imprisonment for life and it carries a prescribed non-parole period of 20 years: s 19A(1), Crimes Act 1900, Table in Div 1A of Pt 4, Crimes (Sentencing Procedure) Act 1999.