R v Evans (No 3) [2017] NSWSC 1523

Supreme Court New South Wales

Medium Neutral Citation: R v Evans (No 3) [2017] NSWSC 1523 Hearing dates: 30 June & 12 October 2017 Decision date: 10 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for 48 years with a non-parole period of 36 years. Catchwords: CRIME – sentence – murder – victim attacked whilst bound and defenceless – weapon used to inflict severe blunt head injury – intended to kill – not within extreme category requiring life sentence, but very close

CRIME – sentence – other offences – rural homes targeted at night when occupants most vulnerable – offender armed with weapon – one break enter and steal in circumstances of special aggravation close to the top of the range of objective seriousness and one well above the mid-range – former causing a fractured skull and bruising to the brain – three detain without consent to obtain advantage whilst in company (one also occasioning actual bodily harm) well above the mid-range

CRIME – sentence – offender's personal circumstances – link between Attention Deficit Hyperactivity Disorder and subsequent drug addiction – moral culpability reduced for breaking and entering to steal, but not for violence – no remorse – no mitigating factors in s 21A(3) Crimes (Sentencing Procedure) Act 1999 present – no special circumstances – aggregate sentence imposed Legislation Cited: Crimes Act 1900 (NSW) ss 18, 19A, 86, 112 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 61 Cases Cited: R v Sinclair [2017] NSWSC 686 Category: Sentence Parties: Regina Ryan David Evans Representation: Counsel: Mr C Maxwell QC (Crown) Mr R Webb (Offender)