R v Evans, John [2017] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: R v Evans, John [2017] NSWSC 1440 Hearing dates: 16 October 2017 Decision date: 23 October 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 24 years with a non-parole period of 18 years Catchwords: CRIME – sentence – constructive murder – home targeted thought to be of drug dealer – two offenders – joint criminal enterprise – objective of threatening any occupants and using violence if necessary to steal – offender tied up victim with tape – forceful and sustained assault causing death – cannot say who inflicted the fatal violence – mid-range objective seriousness – two other offences on Form 1

CRIME – sentence – offender's personal circumstances – sexual and physical abuse in youth – early homelessness – long history of substance abuse – low intellectual abilities – diagnosis of complex trauma – reduced moral culpability – extensive criminal record – high risk of re-offending – personal deterrence and protection of community – assistance to authorities – guilty plea – remorse not completely genuine Category: Sentence Parties: Regina John Lloyd Evans Representation: Counsel: Mr L Shaw (Crown) Ms A Betts (Offender)

Solicitors: Solicitor for Public Prosecutions McGowan Lawyers File Number(s): 2015/369728; 2015/369735

Judgment 1. HIS HONOUR: Mr John Lloyd Evans ("the offender") is to be sentenced for the murder of Mr Leslie Wallace at Terrigal between 14 and 16 December 2015. 2. The crime of murder is punishable by imprisonment for life and, in the circumstances of this case, a standard non-parole period of 20 years applies. 3. In sentencing the offender for the offence of murder he has asked that his guilt in respect of two further offences be taken into account. They are offences of break and enter and commit a serious indictable offence, namely larceny, in circumstances of aggravation, namely deprivation of liberty, at Woy Woy on 27 October 2015 and of break and enter and commit a serious indictable offence, namely, larceny, in circumstances of aggravation, namely recklessly inflicting actual bodily harm, at The Entrance on 15 December 2015. These are offences which have a prescribed maximum penalty of imprisonment for 20 years and a standard non-parole period of 5 years applies.