R v Breen [2015] NSWSC 1757

Supreme Court New South Wales

Medium Neutral Citation: R v Breen [2015] NSWSC 1757 Hearing dates: 31 July 2015,12 August 2015,1 October 2015 Date of orders: 25 November 2015 Decision date: 25 November 2015 Before: Mathews AJ Decision: (1) In relation to the offence of murdering Felicia Crawford, I sentence you to imprisonment consisting of a non-parole period of 26 years commencing on 29 March 2013 and expiring on 28 March 2039, with a balance of term of 8 years, commencing on 29 March 2041 and concluding on 28 March 2047.

(2) In relation to the offence of murdering Paul Breen, and taking into account the nine Form 1 offences, I sentence you to imprisonment consisting of a non-parole period of 28 years commencing on 29 March 2018, and expiring on 28 March 2046, with a balance of term of 9 years, commencing on 29 March 2046 and concluding on 28 March 2055.

(3) The total term of imprisonment is therefore 42 years, with a non-parole period of 33 years. The earliest date on which the offender will be eligible for release on parole is 28 March 2046. Catchwords: CRIMINAL LAW – sentencing – murder – plea of guilty – murder of father and stepmother – other offences on Form 1 – whether life sentences should be imposed – various aggravating factors – offender still young – reasonable prospects of rehabilitation – offences not planned in advance – otherwise very high level of culpability – no reduction in sentence for plea of guilty Legislation Cited: Crimes (High Risk Offenders) Act 2006, Crimes (Sentencing Procedure) Act, 1999 Criminal Procedure Act, 1986 Cases Cited: Adanguidi v R (2006) 167 A Crim R 295 Milat v R [2014] NSWCCA 29 R v Harris [2000] NSWCCA 469 Texts Cited: Not Applicable Category: Sentence Parties: Crown Corey Alan Breen (Offender) Representation: Counsel: T Thorpe (Crown) P Young SC (Offender)