R v Crickitt (No 2) [2017] NSWSC 542

Supreme Court New South Wales

Medium Neutral Citation: R v Crickitt (No 2) [2017] NSWSC 542 Hearing dates: 26, 27, 28, 31 October 2016;1, 2, 3, 4, 7, 9, 10 November 2016;31 March 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Before: Hoeben CJ at CL Decision: Offender sentenced to imprisonment for 27 years with a non-parole period of 20 years and 3 months, commencing 2 December 2016 and expiring 1 March 2037 and a balance of term of 6 years and 9 months expiring 1 December 2043.

Offender will not be eligible for release on parole at any date earlier than 1 March 2037. Catchwords: CRIMINAL LAW – sentence – one count of murder – offender a doctor – injected his wife with a fatal dose of insulin – vulnerable victim – extreme breach of trust – criteria for life sentence not established – offence above midrange – subjective circumstances (offender's health and age) provide some mitigation of penalty – good character – no guilty plea – offender maintains his innocence – no basis for a finding of special circumstances – need for general deterrence and recognition of harm caused. Legislation Cited: Crimes Act 1900 (NSW) – s 19A Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 21A(2)(cb), s 21A(2)(eb), 21A(2)(k), s 21A(2)(n), 28(4), 61(1) Evidence Act 1995 (NSW) – s 184 Cases Cited: R v Crickitt [2016] NSWSC 1738 Fahs v Regina [2007] NSWCCA 26 Jonson v R [2016] NSWCCA 286 R v Hearne [2001] NSWCCA 37; 124 A Crim R 451 R v Morabito (1992) 62 A Crim R 82 Williams v R [2010] NSWCCA 15 Category: Sentence Parties: Regina – Crown Brian Kenneth Crickitt – Offender Representation: Counsel: Mr Tedeschi AM QC/G Turner – Crown T Gartelmann SC – Offender