R v Kelsall [2015] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: R v Kelsall [2015] NSWSC 480 Hearing dates: 29 April 2015 Decision date: 29 April 2015 Before: R A Hulme J Decision: Imprisonment for 40 years 3 months with a non-parole period of 30 years 3 months Catchwords: CRIMINAL LAW – sentence – murder – intention to kill – vicious stabbing in deceased's home – where offender followed deceased home – offender had previous thoughts of following someone home and killing them with a knife – relevance of youth of offender – no criminal record – no evidence of mental disorder – no remorse – questionable prospects of rehabilitation – risk of future dangerousness – need for community protection CRIMINAL LAW – sentence – indecent assault – where offender followed victim home – victim incapacitated by alcohol or asleep – partial accumulation of sentence for murder Category: Sentence Parties: Regina Daniel Jack Kelsall Representation: Counsel: Mr P McGrath SC (Crown) Mr C Watson (Offender)

Solicitors: Solicitor for Public Prosecutions Breton Legal Pty Limited File Number(s): 2013/302108

Judgment 1. HIS HONOUR: Daniel Jack Kelsall ("the offender") is to be sentenced for the indecent assault and murder of Mr Morgan Huxley at Neutral Bay on 8 September 2013. He was found guilty of these offences by a jury on 18 March 2015. 2. Murder is a crime for which the maximum penalty is imprisonment for life. There is also prescribed for it (in the circumstances of this case) a standard non-parole period of 20 years. Indecent assault is an offence carrying a maximum penalty of imprisonment for 5 years.