R v Evans; R v Rawlinson; R v Proud [2014] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: R v Evans; R v Rawlinson; R v Proud [2014] NSWSC 979 Hearing dates: 3 July 2014 Decision date: 28 July 2014 Before: Harrison J Decision: 1. Sentence Wendy Anne Evans to a term of imprisonment of 24 years commencing on 21 December 2011 and expiring on 20 December 2035, with a non-parole period of 18 years expiring on 20 December 2029. 2. Sentence Bradley Max Rawlinson to a term of imprisonment of 36 years commencing on 21 December 2011 and expiring on 20 December 2047, with a non-parole period of 27 years expiring on 20 December 2038. 3. Sentence Michelle Sharon Proud to a term of imprisonment of 20 years commencing on 21 December 2011 and expiring on 20 December 2031, with a non-parole period of 14 years expiring on 20 December 2025. Catchwords: CRIMINAL - sentence - murder - joint criminal enterprise - early plea of guilty - whether offender remorseful - offender person of prior good character - prospects of rehabilitation - whether offender likely to re-offend - where crime perpetrated in home of deceased and result of considerable planning - whether crime in worst category of case - whether offender manipulated or influenced by co-offender - whether manipulation and influence reduces moral culpability - whether offender intended to kill deceased - whether statutory ratio of parole and non-parole periods should be varied due to anticipated need to supervise offender following release - whether sentence should take account of the need for general deterrence

CRIMINAL - sentence - murder - joint criminal enterprise - verdict of guilty following trial - plea of guilty to manslaughter rejected - offender person of prior good character - whether offender likely to re-offend - no remorse shown by offender - crime perpetrated in home of deceased and result of considerable planning - whether crime in worst category of case - whether offender manipulated or influenced by co-offender - whether offender intended to kill deceased - whether sentence should take account of the need for general deterrence