R v AKB (No. 8) [2018] NSWSC 1628

Supreme Court New South Wales

Medium Neutral Citation: R v AKB (No. 8) [2018] NSWSC 1628 Hearing dates: 7 September 2018 Date of orders: 02 November 2018 Decision date: 02 November 2018 Before: Davies J Decision: The offender is sentenced to imprisonment for a period of 36 years commencing 18 October 2016 and expiring on 17 October 2052 with a non-parole period of 27 years expiring on 17 October 2043. Catchwords: SENTENCING – murder – domestic violence-related – where offender introduced accelerant to bedroom of wife and prevented her from escaping subsequent fire – offence well above the mid-range of objective seriousness – aggravating factors – gratuitous cruelty – presence of children – home of deceased – prospects of rehabilitation unfavourable given continuing denial of responsibility – whether life sentence should be imposed – Crimes (Sentencing Procedure) Act 1999 (NSW) s 61(1) – community interest in protection and specific deterrence satisfied by lesser sentence considering age of offender at earliest date of release made re-offending unlikely – minimal planning – consistency in sentencing for spousal murders – life sentence not imposed Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) s 61 Migration Act 1958 (Cth) Cases Cited: Alseedi v R [2009] NSWCCA 185 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Gonzales v Regina [2007] NSWCCA 321; (2007) 178 A Crim R 232 Hiron v R [2007] NSWCCA 336 Imbornone v R [2017] NSWCCA 144 Lowe v The Queen (1984) 154 CLR 606 R v Archer [2015] NSWSC 1487 R v Merritt (2004) 59 NSWLR 557; [2004] NSWCCA 19 R v Qutami [2001] NSWCCA 353 R v Twala (Unreported – NSWCCA 4 November 1994) Texts Cited: Nil Category: Principal judgment Parties: Crown [AKB] (Offender) Representation: Counsel: C Maxwell QC & R Kotsis (Crown) C Davenport SC (Offender)