R v AX [2015] NSWSC 317

Supreme Court New South Wales

Medium Neutral Citation: R v AX [2015] NSWSC 317 Hearing dates: 19 February 2015 Decision date: 27 March 2015 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Sentenced to imprisonment for 26 years and seven months commencing on 19 May 2014, comprising a non-parole period of 19 years and 11 months and a balance of term of six years and eight months Catchwords: CRIMINAL LAW - sentence - murder - offender (23 years old) beats 76-year old victim to death - offender had defrauded victim of $30,000.00 - offender kills victim in hope that fraud will not be discovered - fraud planned but murder an impulsive response to risk of discovery of fraud - objective gravity of crime very high - intention to kill - use of weapons - early plea of guilty - assistance to authorities on unrelated matter (drug supply) - finding of remorse - caution concerning prospects of rehabilitation - specific and general deterrence Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Cicekdag [2004] NSWCCA 357; 150 A Crim R 299 R v Previtera (1997) 94 A Crim R 76 Texts Cited: --- Category: Sentence Parties: Regina (Crown) AX (Offender) Representation: Counsel: Mr LJ Carr (Crown) Ms BJ Rigg SC (Offender)

Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2014/118817 Publication restriction: A non-publication order has been made with respect to the name of the Offender who is to be referred to by the pseudonym AX