R v Keith Owen Goodbun [2018] NSWSC 1025

Supreme Court New South Wales

Medium Neutral Citation: R v Keith Owen Goodbun [2018] NSWSC 1025 Hearing dates: 22 June 2018 Date of orders: 04 July 2018 Decision date: 04 July 2018 Before: Wilson J Decision: Sentence I have concluded that an aggregate sentence pursuant to s 53A(1) of the Crimes (Sentencing Procedure) Act is appropriate in all of the circumstances.

Orders 1 The offender is convicted of the murder of Molly Goodbun on 7 October 2016. He is convicted of the assault occasioning actual bodily harm of Bionca Simmons on the same date. He is convicted of the offences of use of an unregistered firearm, and contravening an interim apprehended domestic violence order, also on the same date. 2 The offender, Keith Owen Goodbun, is sentenced to imprisonment for 41 years and 6 months to date from 7 October 2016, expiring on 6 April 2058, with a non-parole period of 31 years and 1 month. The earliest release date is 6 November 2047. 3 The sentences that would have been imposed had separate sentences been fixed are: 1. For the offence of the murder of Molly Goodbun, a term of 40 years and six months imprisonment. 2. For the offence of assaulting Bionca Simmons occasioning her actual bodily harm, a term of 1 year and 6 months imprisonment. 3. For the offence of using an unregistered firearm, a term of 1 year and 6 months imprisonment. 4. For the offence of contravening an interim apprehended domestic violence order, a term of 1 year and 6 months imprisonment. 4 Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) I direct that each of the offences referred to at 3.1 – 4 above be recorded on the offender's criminal history as a domestic violence offence. 5 In view of the sentence imposed upon the offender, I decline to make an apprehended domestic violence order for the protection of Bionca Simmons, pursuant to s 39(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). 6 Charges of possess unregistered firearm, possess ammunition, and not keep firearm safely, being Sequences 2, 3, and 4 on the s 166 certificate, are noted as withdrawn by the Crown. Other Matters 7 The offender is advised that the Crimes (High Risk Offenders) Act 2006 (NSW) may apply to him. Catchwords: CRIME - SENTENCE - murder - further charges on a 166 certificate - plea of guilty - domestic violence - offender married to but estranged from victim - interim apprehended violence order in place - offender on bail for earlier charges - planned and carefully executed offence in the home - use of a rifle - four lethal wounds inflicted - full admissions to police - question of whether a life sentence required - concession by the Crown - question of mental impairment - depression - alcohol related brain damage - older offender - need for general deterrence - question of community protection Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Cases Cited: Alvares v R [2011] NSWCCA 33 Aslan v R [2014] NSWCCA 114 Bravo v R [2015] NSWCCA 302 Browning v R [2015] NSWCCA 147 Cherry v R [2017] NSWCCA 150 Chow v Director of Public Prosecutions & Anor (1992) 28 NSWLR 593 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Director of Public Prosecutions v Darcy-Shillingsworth [2017] NSWCCA 224 Evidence Act 1995 (NSW) Faehringer v R [2017] NSWCCA 248 Filippou v The Queen [2015] HCA 29; 256 CLR 47 GAS v The Queen; SJK v The Queen [2004] HCA 22; (2004) 217 CLR 198 Imbornone v R [2017] NSWCCA 114 Mammone v R [2013] NSWCCA 95 Mills v R [2017] NSWCCA 87 O'Neill-Shaw v The Queen [2010] NSWCCA 42 Pfitzner v R [2010] NSWCCA 314 Pleasance v R [2016] NSWCCA 113 R v CTG [2017] NSWCCA 163 R v Devine (unreported, Tasmanian Supreme Court, 5 July 1993, Underwood J) R v Engert (1995) 84 A Crim R 67 R v Fidow [2004] NSWCCA 172 R v Hamid [2006] NSWCCA 302 R v Palu [2002] NSWCCA 381; 134A Crim R 174 R v Thomas [2007] NSWCCA 269 R v Turnbull [2016] NSWSC 847 R v McGourty [2002] NSWCCA 335 R v Palu [2002] NSWCCA 381, (2002) 134 A Crim R 174 R v Qutami [2001] NSWCCA 353 R v Elfar [2003] NSWCCA 358 R v Merritt (2004) 59 NSWLR 557; [2004] NSWCCA 19 R v Miles [2002] NSWCCA 276 Saddler v R [2009] NSWCCA 83; 194 A Crim R 452 SJ v R [2011] NSWCCA 160 Thomson and Houlton (2000) 49 NSWLR 383; (2000) 115 A Crim R 104 Veen v The Queen (No 2) (1988) 164 CLR 465 Texts Cited: Australian Institute of Health and Welfare, Family, Domestic, and Sexual Violence in Australia, 2018, p. 74. NSW Domestic Violence Death Review Team, Annual Report 2013-2015, p. 6 Category: Principal judgment Parties: Director of Public Prosecutions Keith Owen Goodbun Representation: Counsel: Crown – Mr B Costello Prisoner – Mr R Wilson Solicitors: Crown – Office of the Director of Public Prosecutions Prisoner – Legal Aid File Number(s): 2016/299286 Publication restriction: Nil