R v Kearnes (No 2) [2013] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: R v Kearnes (No 2) [2013] NSWSC 1652 Hearing dates: 19 September 2013, 7 November 2013 Decision date: 08 November 2013 Jurisdiction: Common Law Before: Button J Decision: Imprisonment for 30 years with a non-parole period of 22 years 6 months Catchwords: CRIMINAL LAW - remarks on sentence - plea of not guilty - offender convicted of murder - offender part of a joint criminal enterprise - approach to fact finding - offender with prior criminal convictions - offence of great moral culpability - sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587 Category: Sentence Parties: Regina Peter John Kearnes Representation: Counsel: W Creasey (Regina) P Williams (offender) Solicitors: Solicitor for Public Prosecutions (Regina) Hemsley and Associates (offender) File Number(s): 11/315156

Judgment 1On 2 September 2013, Peter John Kearnes (to whom I shall refer in these remarks as "the offender") was arraigned before a jury panel and me on an indictment averring that, on 21 July 2011 at Wagga Wagga, he murdered Semin Rizvic (to whom I shall refer as "the deceased"). On 19 September 2013, the jury returned a verdict of guilty on that single count. On that same day, and later on 7 November 2013, I received evidence on sentence, and on the latter date the detailed and helpful submissions of both counsel. The culmination of those procedural steps is that the offender comes before court for sentence today. 2The maximum penalty for the offence of murder in New South Wales is imprisonment for life without the possibility of parole. In the circumstances of this case, there is also an applicable standard non-parole period of 20 years. I have borne those two important guideposts firmly in mind. The Crown Prosecutor has not submitted that this is a case that should lead to the imposition of the maximum penalty.