R v Barrett [2017] NSWSC 1802

Supreme Court New South Wales

Medium Neutral Citation: R v Barrett [2017] NSWSC 1802 Hearing dates: 13 December 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Before: Wilson J Decision: Sentence 1. Pursuant to s 53A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender, Derek Barrett, is sentenced to an aggregate term of 46 years imprisonment, to date from 29 April 2016 and expiring on 28 April 2062. There will be a non-parole period of 34 years and 6 months, expiring on 28 October 2050. 2. The sentences that would have been imposed had separate sentences been fixed are: (i) For the offence of the murder of Ms Leng, and taking into account 21 charges on the Form 1 document, a term of 40 years and 6 months imprisonment. (ii) For the offence of kidnapping, a term of 9 years imprisonment. (iii) For the offences of committing an act of indecency, 13 months imprisonment for each count. Catchwords: CRIMINAL LAW – SENTENCE – murder – s 18 Crimes Act 1900 (NSW) – multiple stab wounds causing death – sexual offences – kidnapping - pleas of guilty – 21 other offences taken into account against offence of murder – question of whether a sentence of life imprisonment should be imposed –relevance and extent of drug use - breach of trust Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Jonson v R [2016] NSWCCA 286 R v Yeo [2003] NSWSC 315 Knight v R (2006) 164 A Crim R 126; [2006] NSWCCA 292 Alvares v R [2011] NSWCCA 33 R v Harris (2000) 50 NSWLR 409; [2000] NSWCCA 469 R v Merritt (2004) 59 NSWLR 557; [2004] NSWCCA 19 R v Miles [2002] NSWCCA 276 Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 The Queen v Kilic (2016) 91 ALJR 131; [2016] HCA 48 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Category: Principal judgment Parties: Regina Derek Barrett (offender) Representation: Counsel: Ms M Cuneen SC as Crown Prosecutor Mr P McGrath SC (for offender)