R v Murdoch [2016] NSWSC 1475

Supreme Court New South Wales

Medium Neutral Citation: R v Murdoch [2016] NSWSC 1475 Hearing dates: 14 September 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Before: Mathews AJ Decision: Term of imprisonment consisting of a non-parole period of 22 years and 6 months commencing on 14 October 2013 and expiring on 13 April 2036 with an additional term of 7 years and 6 months, commencing on 14 April 2036 and expiring on 13 October 2043, making a total sentence of 30 years. The earliest date on which you will be eligible for release on parole is 13 April 2036. Catchwords: CRIMINAL LAW – Murder – above the midline of objective seriousness – Aggravated armed robbery - slightly below the midline of objective seriousness – whether aggravating and mitigating factors referred to in ss 21A(2) and (3) of the Crimes (Sentencing Procedure) Act – aggregate sentence pursuant to s 53A (2) – High Risk Offender Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A(2) and (3), 53A (2) Cases Cited: Muldrock v R [2011] HCA 25 Category: Sentence Parties: Regina Lance Lachlan Murdoch Representation: Counsel: Mr J Crespo (Crown) Mr W Brewer (Offender)

Solicitors: Solicitor for the Director of Public Prosecutions Legal Aid NSW File Number(s): 2013/309236 Publication restriction: No

Judgment

Introduction 1. MATHEWS AJ: On 8 October 2015 Lance Murdoch and Jame Phan were indicted on two charges: first that on 12 October 2013 they murdered Kamran Yousaf; second, that on the same date they robbed Dianne Torro of a sum of cash while armed with a dangerous weapon, namely a pistol. Mr Murdoch pleaded not guilty to both charges. Mr Phan pleaded not guilty to the charge of murder, and guilty to the charge of armed robbery. A jury was duly empanelled, and a trial proceeded in relation to the charges to which each accused had pleaded not guilty. On 29 October the jury returned a verdict of guilty in relation to all charges. 2. The sentencing proceedings in relation to the two offenders have been dealt with separately, with the consent of all concerned. This was appropriate as there was a major disparity between the objective culpability of each of them in relation to the major charge of murder. Accordingly, Mr Phan has already been sentenced for both offences, in addition to several other offences of armed robbery to which he had pleaded guilty.