R v Clarke [2014] NSWSC 1746

Supreme Court New South Wales

Medium Neutral Citation: R v Clarke [2014] NSWSC 1746 Hearing dates: 5 December 2014 Decision date: 05 December 2014 Before: R A Hulme J Decision: Imprisonment for 22 years with a non-parole period of 16 years 6 months Catchwords: CRIMINAL LAW - sentence - murder - conviction after trial - intent to cause grievous bodily harm - spontaneous unexplained killing - offender intoxicated - history of substance abuse - mental condition of minor significance - below mid-range seriousness Category: Sentence Parties: Regina Michael Bruce Clarke Representation: Counsel: Mr E Balodis (Crown) Mr J Fitzgerald (Offender) Solicitors: Solicitor for Public Prosecutions Ramsland Laidler Solicitors File Number(s): 2013/248209

Judgment 1R A HULME J: Michael Bruce Clarke (the offender) was found guilty by a jury on 16 October 2014 of the murder of Ms Deborah Wolfgram at Hamilton South, a suburb of Newcastle, on 19 September 2013. 2Murder is a crime that has a maximum penalty of imprisonment for life and there is also prescribed a standard non-parole period of 20 years. Those are legislative guideposts that I am required to take into account in the assessment of sentence along with all of the other facts and circumstances pertinent to the offence and the offender.

The deceased 3I am grateful to those family members who provided victim impact statements that were read this morning. They were dignified and eloquent expressions of the extreme grief that the offender's actions have caused. By all accounts, Deborah Wolfgram was a beautiful, loving, trusting and inspiring person. She was not a person to judge others; she was kind and caring to all. Her loss will be felt forever by those who were close to her. Whilst, necessarily, what I have to say in sentencing the offender will be primarily concerned with him and the circumstances of his crime, it should not be thought that I have not firmly maintained in my mind sincere sympathy for Ms Wolfgram's parents and siblings. Again, I extend my condolences.