R v Evans [2015] NSWSC 254

Supreme Court New South Wales

Medium Neutral Citation: R v Evans [2015] NSWSC 254 Hearing dates: 15 December 2014 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. For the offence of steal in a dwelling house and taking into account the offence on the Form 1 sentenced to a fixed term of 3 years imprisonment commencing 10 October 2012 and expiring 9 October 2015. 2. For the offence of murdering Colleen Deborah Ayers, sentenced to a non-parole period of 18 years and 9 months commencing 10 October 2013 and expiring 9 July 2032 with an additional term of 6 years and 3 months expiring 9 October 2038. Catchwords: CRIMINAL LAW – sentencing – murder – steal in a dwelling house – late plea – assistance given - identification of the location of the body – undertaking to give evidence against co-accused – offender with long term drug and alcohol abuse – sexual and physical abuse from early childhood – borderline personality disorder – paraphilia and sado-masochism – whether remorse – offender on conditional liberty at time of offending – long criminal record – stealing firearms and re-sale to drug dealer – discount for assistance measure in years rather than percentage – long sentence – percentage discount would result in unreasonably disproportionate sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Pawnbrokers and Secondhand Dealers Act 1996 (NSW) Cases Cited: Engert v R (1995) 84 A Crim R 67 R v De Simoni (1981) 147 CLR 383 R v Dong [2010] NSWSC 1242 R v Goundar [2010] NSWSC 1170 R v Privitera (1997) 94 A Crim R 76 SL v R [2015] NSWCCA 30 Zaharos v R [2008] NSWCCA 336 Category: Principal judgment Parties: Crown Rachael Margaret Evans (Defendant) Representation: Counsel: E Wilkins SC (Crown) P Young SC (Defendant)